Sanjay Kumar @ Gabbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28326 of 2019 Arising Out of PS. Case No.-416 Year-2018 Thana- BEUR District- Patna ====================================================== Sanjay Kumar @ Gabbar Son of Gorakh Ray Resident of Village - Bairiya, P.S.- Gopalpur and District- Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Union of India through the Chief Secretary, New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Sinha For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 21 of the N.D.P.S. Act.

Allegation is that from the possession of the petitioner 15.170 mg heroine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody 25.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is said that 15.170 mg heroine is recovered. Same is below the commercial quantity. Hence there is no application of Section 37 of N.D.P.S. Act. There is no compliance of

Patna High Court CR. MISC. No.28326 of 2019(3) dt.17-05-2019 2/2 Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned A.D.J. XVI, Patna in connection with Special case No.147 of 2018 arising out of Beur P.S. case No.416 of 2018.

(Sudhir Singh, J) Narendra/- U T