Patna High CourtCR. MISC./32524/2020bail granted

Bhola Kumar Yadav v. The State Of Bihar

2020-12-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32524 of 2020 Arising Out of PS. Case No.-157 Year-2020 Thana- RAMGARHWA District- East Champaran ====================================================== BHOLA KUMAR YADAV Son of Balram Yadav Resident of Village - Panchbhiriya, P.S. - Ramgadhwa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Navin Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2020 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 20, 22, 23, 24 of the N.D.P.S. Act. Prosecution case, in short, is that 1.100 kg ganja is recovered.

Patna High Court CR. MISC. No.32524 of 2020(2) dt.09-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.07.2020 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. There is recovery of 1.100 kg ganja from the co-accused Sanjay Pandit. No contraband is said to have been recovered from the possession of the petitioner. 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, 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 Sessions Judge/Special Judge, Motihari, East Champaran in connection with N.D.P.S. case No.25 of 2020 arising out of Ramgarhwa P.S. case No.157 of 2020.

(Sudhir Singh, J) Narendra/- U T