Abdul Hannan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10033 of 2021 Arising Out of PS. Case No.-94 Year-2019 Thana- SAHARSA SADAR District- Saharsa ====================================================== ABDUL HANNAN S/O Late Haji Asgar Ali Resident Of Village - Alinagar Ward No. 22, P. S. - Saharsa, District - Saharsa at Present village - Laxminia, P.S. - Maheshi, Dist.- Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE UNION OF INDIA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.S. Jamil Akhtar For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 20 and 22 of the N.D.P.S. Act. The prosecution allegation, in short, is that 1 kg ganja is 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

Patna High Court CR. MISC. No.10033 of 2021(2) dt.17-12-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. 1 kg ganja is alleged to have been recovered from the lodge belonging to the petitioner. The 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 N.D.P.S. Act.

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

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge-cum- Special Judge, N.D.P.S. Act, Saharsa in connection with Saharsa Sadar P.S. Case No. 94/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T