Sunni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37768 of 2019 Arising Out of PS. Case No.-723 Year-2018 Thana- PATRAKARNAGAR District- Patna ====================================================== SUNNI KUMAR, Gender-Male, aged about 23 years, Son of Dharmendra Kumar, Resident of Mohalla-R.M.S. Colony, Kankarbagh, Police StationKankarbagh in the district of Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Kumar, Advocate.

For the Opposite Party :

Mr.Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 05.12.2018 in a case for the offence registered under Sections 20,22 and 24 of the N.D.P.S. Act.

The prosecution story, in brief, is that the police received a secret information that some miscreants are preparing to commit a crime, whereupon a raid was laid and from possession of the petitioner, 15 Grams of Brown Sugar was recovered. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses

Patna High Court CR. MISC. No.37768 of 2019(2) dt.21-06-2019 2/2 alleged against the petitioner. 15 Grams of Brown Sugar is alleged to have been recovered from possession of the petitioner. The said recovered Brown Sugar is below the commercial quantity. Hence, there is no application of Section 37 of the N.D.P.S. Act. There is no compliance of Sections 42 and 50 of N.D.P.S. Act.

On behalf of the learned counsel for the State, it has been 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 the learned Additional Sessions Judge-IV, Patna, in connection with Special Case No. 139 of 2018, (arising out of Patrakar Nagar P.S. Case No. 723 of 2018).

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