Madan Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30962 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- BAISI District- Purnia ====================================================== Madan Kumar Prasad Son Of Pramod Prasad @ Pramod Kumar Raut Resident Of Village- Sikaria, Ward No. 1, Ps- Madhepur, Distt- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Thakur, Advocate For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Baisi P.S. Case No. 111 of 2023 registered for the offence under Sections 8/20(b) (ii) (c) of the N.D.P.S. Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 14.03.2023.
4. The allegation against the petitioner is to have in possession of 20.222 kilograms of ganja including plastic bag.
5. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of contraband i.e., ganja not appears to be made from the conscious physical possession of this petitioner. It is further submitted that mandatory provisions of Section 50 of the N.D.P.S. Act of 1985,
Patna High Court CR. MISC. No.30962 of 2023(3) dt.20-07-2023 2/3 regarding search upon person not appears to be followed in the present case. It is also submitted that in terms of order dated 05.07.2023 of this Court the weight of plastic bag appears 300 grams and after deduction from total weight of the contraband i.e., ganja it comes down to 19.922 kilograms, which is less than commercial quantity and as such implication of Section 37 of N.D.P.S. Act not appears applicable in the present case. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, while opposing the prayer for bail fairly conceded that the quantity of alleged contraband i.e., ganja is less than commercial quantity after deducting the weight of plastic wrappers.
7. In view of the facts and circumstances as mentioned above and by taking note of the fact as compliance of Section 50 of the N.D.P.S. Act, prima facie, not appears to be followed in the present case, where recovered quantity is less than commercial quantity coupled with the fact that chargesheet has already submitted, where petitioner is in custody since
Patna High Court CR. MISC. No.30962 of 2023(3) dt.20-07-2023 3/3 14.03.2023, accordingly, petitioner, above named, is directed to be released on bail in connection with Baisi P.S. Case No. 111 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Purnea/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
8. Presence of Investigating Officer of this case is dispensed with.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T