Patna High CourtCR. MISC./47500/2019bail granted

Shiv Nath v. The State Of Bihar

2019-07-31Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47500 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- KOTWALI District- Patna ====================================================== Shiv Nath S/o Sri Rajdeo Ray R/o Village- Mohanpur, P.S.- Raghopur, District- Vaishali and at present residing at Manager Laxmi Guest House, Station Road, P.S.- Kotwali, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case initially registered under Sections 18(B), 22©, 25, 29 of the NDPS Act in which, later on, charge framed against the petitioner under Sections 8©, 20(b)(ii)(c) and 22(c), 25 and 29 of the NDPS Act. Allegedly, 48 kgs Ganja is alleged to have ben recovered. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 02-03-2019. Charge sheet has already been submitted. The petitioner happens to be manager of Laxmi Guest House where different customers used to stay.

Patna High Court CR. MISC. No.47500 of 2019(2) dt.31-07-2019 2/2 From possession of customers, Ganja is alleged to have been recovered. There is no recovery of Ganja from possession of the petitioner. The same is recovered from customers who were staying in the guest house. The petitioner had no knowledge regarding the same.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let 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 Additional Sessions Judge-XX, Patna in connection with Special Case No. 30 of 2019 arising out of Kotwali P.S. Case No. 179 of 2019. (Sudhir Singh, J) A.K.V.//- U T