Tinku Kumar @ Tinku Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50566 of 2017 Arising Out of PS.Case No. -229 Year- 2017 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Tinku Kumar @ Tinku Kumar Sah, son of Jai Kishun Sah, resident of Village- Raghunathpur, P.S.- Bajpatti, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 272, 273 of the Indian Penal Code and Sections 30(a) of Bihar Prohibition and Excise Act, 2016 and Section 8/20 (i)(ii)(A) of NDPS Act.

It is alleged that 2.500 kg of ganza is said to have been recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.08.2017. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2.500 kg of ganza is said to have been recovered from the Banana field of the petitioner. The recovered article is less than

Patna High Court Cr.Misc. No.50566 of 2017 (2) dt.18-10-2017 2/2 the commercial quantity under the N.D.P.S. Act. There is no compliance of section 100 of the Cr.P.C as well as Section 50 of the N.D.P.S. Act.

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

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Additional Sessions Judge-II-cum-Special Judge (Excise Act), Sitamarhi, in connection with Bajpatti P.S. Case No. 229 of 2017. (Sudhir Singh, J) Amit/- U T