Anil Kumar Singh @ Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29828 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== ANIL KUMAR SINGH @ ANIL SINGH, Male, aged about 51 years, Son of Parmanand Singh, Resident of Village - Binuara, P.S. - Bahadurpur, District - Darbhanga.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ranjit Kumar Yadav, Advocate.

For the Opposite Party :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 20 and 22 of the N.D.P.S. Act. The prosecution story, in brief, is that the police, during the raid, recovered 12 kgs., Ganja and other articles from the house of the petitioner.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.29828 of 2020(2) dt.12-11-2020 2/2 petitioner that the petitioner is in custody since 28.02.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. 12 kgs., of Ganja and other articles are said to have been recovered from the joint house of the petitioner. The same is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge-cum-Sessions Judge, Darbhanga, in connection with Bahadurpur P.S. Case No. 107 of 2020.

(Sudhir Singh, J) U.K./- U T