Patna High CourtCR. MISC./45489/2019bail granted

Mahendra Prasad v. The State Of Bihar

2019-07-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45489 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

MAHENDRA PRASAD Son of late Chandeshwar Prasad Resident of Village - Laljibigha @ Lalji Vigha, P.S.- Islampur, Distt - Nalanda. 2.

Manoj Prasad Son of Mahendra Prasad Resident of Village - Laljibigha @ Lalji Vigha, P.S.- Islampur, Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikam Deo Singh Mr. Rabindra Prasad Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Section 22of the N.D.P.S. Act. The prosecution allegation in short is that 1 kg ganja has been recovered in this case.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 23.5.2019. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. One kg ganja is alleged to have been recovered. The same is below the commercial quantity. Hence, Section 37 of the

Patna High Court CR. MISC. No.45489 of 2019(2) dt.23-07-2019 2/2 N.D.P.S. Act is not applicable 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 petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, 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, Nalanda, Biharsharif in connection with Islampur P.S. Case No. 36 of 2019. (Sudhir Singh, J) Pankaj/- U T