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Patna High CourtCR. MISC./47521/2019bail granted

Arvind Kumar Sahani @ Arvind Kumar Shani v. The State Of Bihar

2019-07-31Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47521 of 2019 Arising Out of PS. Case No.-193 Year-2017 Thana- KADAMKUAN District- Patna ====================================================== Arvind Kumar Sahani @ Arvind Kumar Shani Son of Late Lal Babu Sahani Resident of Beneath of Rajendra Nagar Over Bridge, East Lohanipur, P.S.- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== 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 registered under Sections 20 & 22 of the NDPS Act.

Allegedly, 24 gms Ganja was recovered from possession of the petitioner.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 19-03-2019. Charge sheet has already been submitted. 24 gms Ganja along with 16 cigarettes is said to have been recovered from his possession. Same is below the commercial quantity. Hence Section 37 of the NDPS Act is not applicable in the present case. There is no

Patna High Court CR. MISC. No.47521 of 2019(2) dt.31-07-2019 2/2 compliance of Section 42 & 50 of NDPS Act.

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 Special Judge, NDPS-cum-District & Sessions Judge, Patna in connection with Special Case No. 66 of 2017 arising out of Kadamkuan P.S. Case No. 193 of 2017.

(Sudhir Singh, J) A.K.V.//- U T