Patna High CourtCR. MISC./31880/2019bail granted

Sunil Singh v. The State Of Bihar

2019-05-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31880 of 2019 Arising Out of PS. Case No.-465 Year-2017 Thana- HARSIDHI District- East Champaran ====================================================== Sunil Singh S/o Late Jagat Singh R/o village- Sarisawa Murarpur, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu.

For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 20/22 of Narcotic Drugs and Psychotropic Substances Act (N.D.P.S. Act).

The prosecution case in brief is that having received the confidential information, the informant, registered Sanha Entry and proceeded to the place of occurrence on jeep. Seeing the police party, the petitioner tried to escape but he was apprehended on chase. Allegedly, 500 gms Charas was recovered from possession of the petitioner.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-11-2017.

Patna High Court CR. MISC. No.31880 of 2019(2) dt.16-05-2019 2/2 Charge sheet has already been submitted. 500 gms Charas is alleged to have been recovered from possession of the petitioner The same is below the commercial quantity. Hence, there is no application of Section 37 of NDPS Act. There is no compliance of Sections 42 & 50 of N.D.P.S. Act. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above 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 learned Sessions Judge/Special Judge, Motihari, East Champaran in connection with N.D.P.S. Case No. 91 of 2017 arising out of Harsidhi P.S. Case No. 465 of 2017.

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