Lal Babu Sah @ Kalicharan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37640 of 2020 Arising Out of PS. Case No.-31 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== LAL BABU SAH @ KALICHARAN Son of Sitaram Sah Resident of Village- Sursand (West), Ward No. 03, P.s.- Sursand, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections-8(c), 20(b)ii(B) of the NDPS Act. The prosecution case, in short, is that 0.5 kg Ganja is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 0.5 kg. Ganja is recovered from the co-accused. The name of the petitioner has transpired in this case on the basis of disclosure made

Patna High Court CR. MISC. No.37640 of 2020(2) dt.22-07-2021 2/2 by co-accused. . The recovery of contraband is below the commercial quantity. Hence, Section-37 of the NDPS Act is not applicable in the present case. There is no compliance of Sections 42 & 50 of the NDPS 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 of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sessions Judgecum-Special Judge, NDPS Act, Sitamarhi in connection with Sursand P.S. Case No. 31 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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