Jayant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63879 of 2022 Arising Out of PS. Case No.-460 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Jayant Kumar Son of Anil Kumar Jha Resident of Village- Bhatahisher, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 460 of 2022 registered for the offence under Section 8/20(b)(ii)(B) N.D.P.S. Act.

The accused/petitioner is named in the F.I.R. and is in custody since 01.06.2022.

The allegation against the petitioner is to have in possession of contraband/narcotics i.e. Ganja total of 1.1Kg, alongwith other co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of Ganja was made from joint

Patna High Court CR. MISC. No.63879 of 2022(2) dt.07-12-2022 2/3 possession, which is marginal higher than small quantity. It is further submitted that compliance of Sections 42 and 50 of the N.D.P.S. Act is not made in present case. It is also submitted that the compliance of Section 37 of N.D.P.S. Act is not applicable in present case, as recovered quantity is less than commercial quantity. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail fairly conceded the fact that recovered quantity is less than commercial quantity.

Considering the facts and circumstances as mentioned above, as recovered quantity is less than commercial quantity, where compliance of Section 50 of N.D.P.S. Act appears doubtful coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ahiyapur P.S. Case No. 460 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Iind,

Patna High Court CR. MISC. No.63879 of 2022(2) dt.07-12-2022 3/3 Muzaffarpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T