Ajit Kumar Das @ Ajeet Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63554 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- ANGARH District- Purnia ====================================================== Ajit Kumar Das @ Ajeet Kumar Das S/O Mahadeo Das @ Mahadev Das R/O Village- Durgapur, P.S- Routa, Distt.- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India Through Narcotics Drugs and Psychotropic Substances Bureau. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jibendra Mishra, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner, learned APP for the State and the learned ASG for the Union of India.

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

3. As per prosecution case, the police on receipt of secret information intercepted a motorcycle bearing Registration No. BR-37C/3481 boarded by two persons. On seeing the police party, they tried to flee away from there but both of them were apprehended by the police. They disclosed their names as Amal Kumar Yadav and Ajeet Kumar Das (the present petitioner). The petitioner was the pillion rider. On search, the police recovered 1.500 Kg. Ganja kept in the polythene from the petitioner.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.07.2023 and has got no

Patna High Court CR. MISC. No.63554 of 2023(2) dt.10-10-2023 2/2 criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 1.5 Kg. of Ganja is said to have been recovered. Same is below the commercial quantity. Hence, 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 Court below/concerned Court in connection with Angarh P.S. Case No. 26 of 2023.

(Sudhir Singh, J) rishi/- U T