Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56108 of 2015 Arising Out of PS.Case No. -455 Year- 2015 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Raja Yadav Son of Late Ramashray Yadav resident of village - Maqsudpur, P.S. Hayaghat, District - Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Madhusudan Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar 1 , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Laheriasarai P. S. Case No. 455 of 2015 registered under Sections 20 and 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act").

It is contended that the investigating agency did not comply with the mandatory requirements of Sections 52, 55 and 57 of NDPS Act. The search and seizure of contraband was also made in contravention to the mandatory provisions prescribed under the NDPS Act. It is further contended that there is no report of any laboratory that the articles seized from the possession of the

Patna High Court Cr.Misc. No.56108 of 2015 (2) dt.15-12-2015 2/2 petitioner was ganja.

On the other hand, learned counsel for the State has opposed the application for grant of bail to the petitioner. Be that as it may, regard being had to the recovery of 500 gm. ganja, which is small quantity in view of Section 20(b)(ii)(A) of NDPS Act, the above named petitioner, who is said to be in custody since 05.09.2015, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Incharge Sessions Judge, Darbhanga in Laheriasarai P. S. Case No. 455 of 2015.

(Ashwani Kumar Singh, J.) Kanchan/- U T