Chhotu Kumar Paswan @ Chhote Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41701 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== CHHOTU KUMAR PASWAN @ CHHOTE KUMAR PASWAN Son of Khokhai Paswan Resident of Village - Naya Nagar, Ward No. 9, P.S. - Ghanshyampur, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2019 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 and 22 of the N.D.P.S. Act. The prosecution case in short is that 8 kg 700 gm ganja is recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.4.2019 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. 8 kg 700 gm ganja is alleged to have been recovered. The same is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable

Patna High Court CR. MISC. No.41701 of 2019(2) dt.08-07-2019 2/2 in the present case. There is no 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-cum- Special Judge, Samastipur in connection with Samastipur Rail P.S. Case No. 83/2019.

(Sudhir Singh, J) Pankaj/- U T