Kabir Kumar @ Kabir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47066 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- PIPRA District- East Champaran ====================================================== KABIR KUMAR @ KABIR YADAV Son of Bachu Yadav Resident of Village - Naya Tola Jorabganj, P.S.- Kodha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Mr. Nilesh Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2019 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, 24, 27 and 29 of the N.D.P.S. Act.

The prosecution case in short is that 500 gram charas has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.6.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. 500 grams charas is alleged to have been recovered from the co-accused. The name of the petitioner has transpired on the basis of disclosure made

Patna High Court CR. MISC. No.47066 of 2019(2) dt.30-07-2019 2/2 by co-accused. The alleged charas is below the commercial quantity. Hence, Section 37 of the 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 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, East Champaran at Motihari in connection with N.D.P.S. Case No. 72 of 2018 arising out of Pipra P.S. Case No. 91/18.

(Sudhir Singh, J) Pankaj/- U T