Patna High CourtCR. MISC./56373/2019bail granted

Jitendra Sahu v. The State Of Bihar

2019-09-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56373 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- KOTWALI District- Patna ====================================================== Jitendra Sahu Son of Bhagwati Sahu Resident of Village - Manduli, P.S.- Lanka, Dist.- Nargawan, (Assam) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 18(B), 22©, 25 & 29 of the NDPS Act. Allegedly, 9 kg. Ganja 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 02-03-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. As per seizure list, 9 kg of Ganja is said to have been recovered from possession of the petitioner. Same is below the commercial quantity. Hence, Section 37 of

Patna High Court CR. MISC. No.56373 of 2019(2) dt.05-09-2019 2/2 the NDPS Act is not applicable in the present case. There is no compliance of 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 Sessions Judge-XX, Patna in connection with Special Case No. 30 of 2019 arising out of Patna Kotwali P.S. Case No. 179 of 2019.

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