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Patna High CourtCR. MISC./52623/2022bail granted

Naresh Prasad Verma v. The State Of Bihar

2022-12-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52623 of 2022 Arising Out of PS. Case No.-508 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== NARESH PRASAD VERMA Son of Late Saryug Prasad Verma Resident of Village - Pachana Road Beneath Bypass Pul, P.S.- Lakhisarai, District - Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through the Narcotics Control Bureau of India New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Singh, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case registered under Sections 8/20 of the N.D.P.S. Act 1985.

Prosecution case, in short, is that one kg ganja is recovered from the shop of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.06.2022 and has got no criminal antecedent. Charge sheet has been submitted in the

Patna High Court CR. MISC. No.52623 of 2022(2) dt.16-12-2022 2/2 present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that one kg ganja is recovered from the shop of the petitioner. Same 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 complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, is directed be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Lakhisarai in connection with Lakhisarai P.S. case No.508/2022.

(Sudhir Singh, J) Narendra/- U T