Mukesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30866 of 2020 Arising Out of PS. Case No.-156 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== MUKESH RAM Son of Kishori Ram Resident of Village- Medhi Math, P.S.- Islampur, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-11-2020 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 from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 22 of the N.D.P.S. Act. The prosecution case in short is that 1.5 kg of ganja has been recovered in this case.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.30866 of 2020(2) dt.24-11-2020 2/2 the petitioner is in custody since 16.03.2020. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. 1.5 kg ganja is alleged to have been recovered. 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 State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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, Nalanda at Biharsharif in connection with N.D.P.S. Case No. 8 of 2020 arising out of Islampur P.S. Case No. 156 of 2020, G.R. No. 1473 of 2020. (Sudhir Singh, J) Pankaj/- U T