Sikandar Yadav @ Sikandra Banjara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29504 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- PIPRA District- East Champaran ====================================================== Sikandar Yadav @ Sikandra Banjara Son of Ramu Yadav Resident of Mohalla - Naya Tola Jurabganj, P.S.- Korha, Distt - Katihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar No 7 Mr. Anant Kumar Mishra Mr. Neeraj Kuamr Singh For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 413, 414 of I.P.C. and Sections 20, 22, 23, 24, 27, 29 of N.D.P.S. Act.

The allegation is that 500 grams of charas is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.02.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 500 grams of charas is said to have been recovered from co-accused Tinku Kumar. Same is below the commercial quantity. Hence

Patna High Court CR. MISC. No.29504 of 2019(4) dt.27-08-2019 2/2 Section 37 of N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of 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 Sessions Judge-cum-Special Judge, East Champaran at Motihari in connection with N.D.P.S case No.72 of 2018 arising out of Pipra P.S. case No.91 of 2018.

(Sudhir Singh, J) Narendra/- U T