Patna High CourtCR. MISC./63452/2021bail granted

Sunil Kumar v. The State Of Bihar

2022-04-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63452 of 2021 Arising Out of PS. Case No.-446 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

SUNIL KUMAR Son of Ramjee Rai @ Ramjee Yadav Resident of VillagePurvi Rauja, P.S.- Chapra Town, District- Saran. 2.

Sudish Rai @ Sudish Kumar Son of Ramjee Rai @ Ramjee Yadav Resident of Village- Purvi Rauja, P.S.- Chapra Town, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Chapra Muffasil P.S. Case No. 446 of 2021, disclosing offence punishable under Sections 20/22 of the Narcotics Drugs and Psychotropic Substances Act, 1985.

Allegedly, the petitioners, who are full brothers, were apprehended by the police while riding in a motorcycle with a bag containing 5 kg of Ganja.

Learned counsel appearing on behalf of the petitioners has submitted that without waiting for any scientific report the police have concluded the seized article to be Ganja.

Patna High Court CR. MISC. No.63452 of 2021(2) dt.07-04-2022 2/2 He has further submitted that the quantity of Ganja allegedly recovered from the petitioners' possession is substantially below commercial quantity. The petitioners have no criminal antecedent who are in custody since 07.09.2021. Considering the quantity of Ganja, allegedly seized from the petitioners' possession and the period of their incarceration, keeping in mind the fact that they have no criminal antecedent, this application is allowed. Let the petitioners, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), each with two sureties of the like amount, each to the satisfaction of learned Sessions Judge-cum-Special Judge (NDPS), Saran at Chapra, in Muffasil P.S. Case No. 446 of 2021. (Chakradhari Sharan Singh, J) Rajesh/- U T