Patna High CourtCR. MISC./53372/2019bail granted

Mahesh Rai @ Mahesh Ray v. The State Of Bihar

2019-08-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53372 of 2019 Arising Out of PS. Case No.-30 Year-2017 Thana- DARBHANGA GRP CASE DistrictDarbhanga ====================================================== MAHESH RAI @ MAHESH RAY Son of Late Saryug Rai @ Saryug Ray Resident of Village - Garha (Garhan), P.S.- Ahiyapur, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 20 and 22 of the N.D.P.S. Act. The prosecution case in short is that while the informant was on patrolling duty, the accused persons was apprehended selling intoxicated items.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.4.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. Certain allopathic drug has been recovered. At best, it is a case for an offence under the

Patna High Court CR. MISC. No.53372 of 2019(2) dt.26-08-2019 2/2 provisions of Drugs and Cosmetics Act. No offence under the provisions of N.D.P.S. Act is made out.

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

Considering the aforesaid facts and circumstances, it is directed that 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 1st Additional Sessions Judge -cum- Special Judge, Darbhanga in connection with N.D.P.S. Case No. 08 of 2017, G.O. Case No. 08 of 2017.

(Sudhir Singh, J) Pankaj/- U T