Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46461 of 2021 Arising Out of PS. Case No.-192 Year-2021 Thana- JHAJHA District- Jamui ====================================================== Mukesh Kumar S/O Suresh Yadav Resident of Gram New Colony G. No. 500, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanju Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2021 Heard both parties.

The petitioner seeks bail in Jhajha P.S. Case No. 192 of 2021 corresponding to Spl NDPS Case No. 06 of 2021, registered for the offence punishable under Sections 8/18(c)/21(b) of the NDPS Act.

As per the prosecution case, 05 gms. of Brown Sugar has been recovered from possession of this petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. The recovered narcotic substance is of small quantity, as such rigorous of Section 37 of the NDPS Act, would not be attracted. Mandatory provision of search and seizure has not been followed and petitioner is in custody since 25.06.2021 having clean antecedent.

Patna High Court CR. MISC. No.46461 of 2021(2) dt.16-11-2021 2/2 Considering the period of custody and the quantity of recovered narcotic substance, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Jamui in connection with Jhajha P.S. Case No. 192 of 2021 corresponding to Spl. NDPS Case No. 06 of 2021. (Prabhat Kumar Singh, J) vinita/- U T