Subhash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32192 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== Subhash Kumar Yadav Son of Shiv Kumar Yadav Resident of Village - Jhahuri, P.S.- Laukhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== 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(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act.

The prosecution case in brief is that the informant along with police personnel proceeded for patrolling and when reached near brick kiln of one Bimal Kumar, a person was seen coming from western side having a bag on his cycle. Seeing police party, he tried to flee away but on chase, that person i.e. the petitioner was apprehended. Two kgs ganja is said to have been recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.32192 of 2019(2) dt.16-05-2019 2/2 of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 02-03-2019. Two kgs. of Ganja 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, Madhubani in connection with N.D.P.S. Case No. 06 of 2019 arising out of Laukaha P.S. Case No. 39 of 2019.

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