Patna High CourtCR. MISC./63420/2023bail granted

Amal Kumar Yadav v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63420 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- ANGARH District- Purnia ====================================================== Amal Kumar Yadav, S/o- Dhani Lal Yadav, R/o Village- Durgapur, PS- Routa, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 8 and 20(b)(ii)(B) of the N.D.P.S. Act.

3. The prosecution case, in short, is that 1 Kg. 50 gram ganja is said to have been recovered from a motorcycle in which the petitioner and one another were riding.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.07.2023 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. It is alleged that 1 Kg. 50 gram ganja is said to have been recovered from the person, who was

Patna High Court CR. MISC. No.63420 of 2023(2) dt.10-10-2023 2/2 sitting on the motorcycle. Same is below the commercial quantity. Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

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

6. Considering the aforesaid facts and circumstances, it is directed that 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 the learned court below/court concerned in connection with Angarh P.S. Case No. 26 of 2023.

(Sudhir Singh, J) rohit/- U T