Arbind Kumar @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56880 of 2019 Arising Out of PS. Case No.-296 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== Arbind Kumar @ Arvind Kumar Son of Om Prakash Mahato @ Om Prakash Singh Resident of Village- Saraiyan, P.S. -Krishnagarh (Barhara), DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 414 of the Indian Penal Code and 21(a) of N.D.P.S. Act. The allegation is that 1.1 gram of heroin is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.06.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 1.1 gram of heroin is recovered. Same is below the commercial quantity. Hence, Section 37 of N.D.P.S. Act is not applicable in the present case.

Patna High Court CR. MISC. No.56880 of 2019(2) dt.09-09-2019 2/2 There is no compliance of Sections 42 and 50 of N.D.P.S. Act. The motorcycle in question is not a stolen property. The same belongs to the co-accused.

On behalf of the State, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhojpur at Ara in connection with N.D.P.S. case No.10 of 2019 arising out of Ara Town P.S. case No.296 of 2019. (Sudhir Singh, J) Narendra/- U T