Gulu Bind @ Gullu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15624 of 2018 Arising Out of PS. Case No.-253 Year-2017 Thana- CHAND District- Bhabhua (Kaimur) ====================================================== Gulu Bind @ Gullu Bind, Son of Briksh Bind, R/o Village- Konhara, P.S.- Chand, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

SMT. ANITA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2018 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(ii)(b), 20(B), 21, 25, 27(A) of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 40 gram ganja along with 7.092 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.01.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 40 gram ganja along with 7.092 liters wine is recovered from the

Patna High Court Cr.Misc. No.15624 of 2018(2) dt.19-03-2018 2/2 co-accused Sahabuddin Ansari. The alleged recovery of ganja is below the commercial quantity. There is no compliance of Section 42 of the N.D.P.S. Act as well as Section 100 of the Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. 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 Additional Sessions Judge-cum- Special Judge, Kaimur at Bhabhua in connection with N.D.P.S. Case No. 16/2018 arising out of Chand P.S. Case No. 253 of 2017.

(Sudhir Singh, J) Pankaj/- U T