Suryanarayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64114 of 2018 ======================================================

1. Suryanarayan Yadav Son of Late Ram Lakhan Yadav, resident of Village- Hathapur Parsa, Police Station- Basopatti, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Jainagar P.S. Case No. 457/2018, instituted for the offences under Sections 20 and 22 of the NDPS Act.

It is alleged in the written report that 15 kgs. of Ganja has been recovered from possession of this petitioner. Thereafter informant handed over the petitioner to Jainagar Police. Learned counsel for the petitioner has submitted that petitioner has clean antecedent. Informant is Assistant Commandant of SSB. He has prepared the seizure-list. It is further submitted that informant has no power to search and seize the Ganja under the NDPS Act. There is no compliance of provision of Section 50 of the NDPS Act in making search and seizure of the

Patna High Court Cr.Misc. No.64114 of 2018 (2) dt.25-10-2018 2/2 Ganja. Petitioner is in custody since 12.08.2018. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. 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 the learned Sessions Judge, Madhubani in connection with Jainagar P.S. Case No. 457/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T