Sakindar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66885 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- PARWALPUR District- Nalanda ====================================================== SAKINDAR PRASAD Son of Anuplal Sah Resident of Mohalla - Kotiya Gandhi Chowk, Police Station - Tajpur, District - Samastipur. At present residing at Mohalla - Sant Nagar, Police Station - Parwalpur, District - nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Prasad Singh, Adv.

For the Opposite Party/s :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Parwalpur P.S. Case No. 132 of 2021 registered for the offence under Sections-8/20(b)(ii), B, 25, 29 of the NDPS Act. The prosecution case, in short, is that 15.803 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.66885 of 2021(3) dt.04-03-2022 2/2 petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 15.803 kg. Ganja is recovered from the shop and the house of the petitioner. The same is below the commercial quantity. Section-37 of the NDPS Act is not applicable in the present case. There is no compliance of Sections-42 & 50 of the NDPS 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 of the case, 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-cum-Special Judge, NDPS, Nalanda at Bihar Sharif in connection with Parwalpur P.S. Case No. 132 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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