Patna High CourtCR. MISC./37104/2019bail granted

Narayan Prasad v. The State Of Bihar

2019-06-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37104 of 2019 Arising Out of PS. Case No.-309 Year-2019 Thana- NAWADA District- Nawada ====================================================== Narayan Prasad Son of Late Ramswaroop Ram Resident of Mohalla - New Area, P.S.- Nawada (Town), District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 37© of the Bihar Excise and Prohibition (Amendment) Act, 2018 & Sections-20, 22 of the NDPS Act.

Allegedly, 50 gms Ganja was recovered from possession of the petitioner.

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 is in custody since 18-03-2019. Charge sheet has already been submitted. As per allegation, the petitioner was found in drunken state. Further 50 gms Ganja is said to have been recovered from his possession. Same is below the

Patna High Court CR. MISC. No.37104 of 2019(2) dt.25-06-2019 2/2 commercial quantity. Hence Section 37 of the NDPS Act is not applicable in the present case. There is no compliance of Section 42 & 50 of NDPS Act.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 learned A.D.J.-II, Nawada in connection with Nawada Town P.S. Case No. 309 of 2019.

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