Manoj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55359 of 2019 Arising Out of PS. Case No.-190 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== Manoj Kumar Sharma Son of Late Anand Mohan Sharma Resident of Village- Saidpur, Police Station- Khizarsarai, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

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

Allegedly, 125 gms Ganja was recovered from Gumti 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 08-07-2019. 125 gms Ganja is said to have been recovered from Gumti 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 Sections 42 & 50 of NDPS Act.

Patna High Court CR. MISC. No.55359 of 2019(2) dt.04-09-2019 2/2 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 Sessions Judge, Gaya in connection with N.D.P.S. Case No. 46 of 2019 arising out of Khizersarai P.S. Case No. 190 of 2019. (Sudhir Singh, J) A.K.V.//- U T