Upendra Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21636 of 2016 Arising Out of PS.Case No. -119 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Upendra Sharma son of Late Ramchandra Mistri, resident of Manpur, Police Station- Mjuffasil, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Union of India through the Narcotics Drug Control .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 13.4.2016 in a case registered for the offences punishable under Sections 8,21 and 29 of the NDPS Act.

From the possession of co accused Rakesh Kumar 1 pound ( 485 gram) Heroin and one mobile were recovered. From the possession of the petitioner one mobile having two SIM was recovered.

It is submitted by the learned counsel for the petitioner that Heroin was not recovered from the possession of the petitioner. This fact has not been controverted by the learned APP after going through the case diary. Statement has been made in

Patna High Court Cr.Misc. No.21636 of 2016 (2) dt.18-05-2016 2/2 paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge II cum Special Judge, Patna in connection with Special Case No. 12 of 2016. (Dinesh Kumar Singh, J) Anil/- U T