Kaushalendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 77879 of 2019 Arising Out of PS. Case No.-634 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== Kaushalendra Kumar Son of Late Bajrangi Singh Resident of B.M.P.-5, Cycle Factory, P.S.- Hawai Adda, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neerad Parashar, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 20 and 22 of the NDPS Act. Allegedly approximately 25 grams smack was recovered in this case.

Learned counsel for the petitioner submits that there is no allegation of tampering of witnesses alleged against the petitioner. Petitioner is in custody since 01.07.2019. Twenty five grams smack is said to have been recovered and the same is below the commercial quantity, hence Section 37 of the NDPS Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the NDPS Act. He further submits that similarly situated co-accused has already been granted bail by a

Patna High Court CR. MISC. No. 77879 of 2019(2) dt.29-11-2019 2/2 coordinate Bench of this Court in Cr.Misc.No.63224 of 2019 vide order dated 05.11.2019.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Patna in connection with Phulwari Sharif P.S.Case No.634 of 2019.

(Anjani Kumar Sharan, J) B.Kr./- U T