Patna High CourtCR. MISC./40358/2019bail granted

Brijesh Chaudhary v. The State Of Bihar

2019-07-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40358 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- BHANGHA District- West Champaran ====================================================== BRIJESH CHAUDHARY Son of Sri Sitaram Chaudhary Resident of VillagePaterwa, P.S.-Patrahiya, District-Parsa (Nepal). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 20, 22, 23 and 27 of the N.D.P.S. Act. The prosecution case in short is that 4 kg ganja has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. 4 kg ganja is alleged to have been recovered. The same is below the commercial quantity. Hence, there is no application of section 37 of the N.D.P.S. Act

Patna High Court CR. MISC. No.40358 of 2019(2) dt.02-07-2019 2/2 nor there is any compliance of Sections 42 and 50 of the N.D.P.S. 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, it is directed that 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 Sessions Judge, West Champaran at Bettiah in connection with Bhangaha P.S. Case No. 24 of 2019.

(Sudhir Singh, J) Pankaj/- U T