Prem Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62816 of 2021 Arising Out of PS. Case No.-156 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== Prem Kumar Rai Son of Chanarik Ray Resident of Village - Chakmahammadpur, Saidpur, Kutubpur, P.S. - Vidupur, District - Vaishali. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2022 Heard learned counsel for the parties.
The petitioner seeks bail in Sursand Police Station Case No. 156 of 2021 registered for the offence punishable under Sections 8 / 20 (b) (ii) (c)/ 22(B) of the N.D.P.S. Act. As per the prosecution case, 13 kilograms of Ganja has been recovered from the possession of the petitioner. Learned counsel appearing for the petitioner submits that no narcotic substance has been recovered from the conscious possession of the petitioner. Mandatory provision with regard to search and seizure has not been followed. It is further submitted that the alleged recovery is less than commercial quantity, and as such, rigours of section 37 of the N.D.P.S. Act would not be attracted against the petitioner. Petitioner claims clean antecedent and he is in custody since 06.04.2021.
Patna High Court CR. MISC. No.62816 of 2021(3) dt.28-02-2022 2/2 Learned A.P.P. for the State opposed the prayer for bail and submitted that huge quantity of Ganja has been recovered from the possession of the petitioner. Considering the aforesaid facts and circumstances as well as the quantity of recovery of narcotic substance, let the petitioner, as named above, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of concerned court where the case is pending in connection with Sursand P.S. Case No. 156 of 2021, after framing of charge in this case. (Prabhat Kumar Singh, J) anay/- U T