Patna High CourtCR. MISC./61819/2019bail granted

Balmiki Rai v. The State Of Bihar

2019-10-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61819 of 2019 Arising Out of PS. Case No.-262 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== BALMIKI RAI Son of Orasil Ray Resident of Village - Gosain Tola, Ward No. 12 (Now, Ward No. 13), P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sidhendra Narayan Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 20 and 22 of the N.D.P.S. Act. The prosecution case in short is that 1.5 kg ganja was recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.7.2019 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 been made accused due to mistake of fact. 1.5 kg ganja is alleged to have been recovered. The same is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the

Patna High Court CR. MISC. No.61819 of 2019(2) dt.14-10-2019 2/2 present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

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

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 learned Sessions Judge, Begusarai in connection with NDPS Case No. 22/19, CIS No. 27/19 arising out of Teghra P.S. Case No. 262/19.

(Sudhir Singh, J) Pankaj/- U T