Upendra Narayan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10032 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Upendra Narayan Sharma Son of late Ramashray singh R/o Village Kashopur P.s Hilsa distt Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabindra Prasad Singh, Adv. For the Opposite Party/s : Mr. Bharat Bhushan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 11.01.2016 in a case registered for the offences punishable under Sections 8/20A(I) and 29 of the NDPS Act.

Eight cannabis plants, four from the court yard and four from the outer part of the house of the petitioner, were seized leading to registration of present case.

It is submitted by learned counsel for the petitioner that no weight of cannabis plant has been mentioned in the FIR and the cannabis actually includes only the flowering and fruiting part and not the steam and leaves of the plants. The seized plants appear to be stray plants but maliciously the case has been lodged. Statement has been made in para 3 of the petition that petitioner has no criminal

Patna High Court Cr.Misc. No.10032 of 2016 (2) dt.29-02-2016 2/2 antecedent.

Considering the nature of recovery, let the above named petitioner be released on bail, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Hilsa at Biharsharif, Nalanda in connection with Hilsa P.S. Case No. 15 of 2016. (Dinesh Kumar Singh, J) Amrendra/- U T