Mahesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50125 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== Mahesh Kumar S/o Ram Naresh Prasad R/o Mohalla- Khemnichak, Near Devi Asthan, P.S.- Ram Krishna Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md.Imteyaz Ahmad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 20, 22 & 24 of the NDPS Act.

Allegedly, 25 gms of brown sugar was recovered from possession of the petitioner.

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 petitioner. The petitioner is in custody since 17-01-2019. Charge sheet has already been submitted. 25 gms of brown sugar is said to have been recovered from possession of the petitioner. Same is below the commercial quantity. Hence Section 37 of the NDPS Act is not applicable in the present case. There is no compliance of

Patna High Court CR. MISC. No.50125 of 2019(2) dt.09-08-2019 2/2 Section 42 & 50 of NDPS Act.

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

Considering the aforesaid facts and circumstances, let 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 Additional District & Sessions Judge-XX, Patna in connection with Patrakarnagar P.S. Case No. 37 of 2019.

(Sudhir Singh, J) A.K.V.//- U T