Patna High CourtCR. MISC./69064/2018bail granted

Preetam Kumar v. The State Of Bihar

2018-11-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69064 of 2018 Arising Out of PS. Case No.-240 Year-2018 Thana- SULTANGANJ District- Bhagalpur ====================================================== Preetam Kumar S/o Amar Kishore Pandit Resident of Village-Mohaddinagar, P.S. Babarganj (Mojahidpur), Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Umeshnand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2018 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sultanganj P.S. Case 240 of 2018 instituted for the offence under Sections 8/20(b)(i) (c), 25 and 29 of N.D.P.S. Act.

In the written report it is alleged that 4.5 Kg. Ganja kept in a bag has been recovered from possession of the petitioner.

Counsel for the petitioner submits that petitioner has clean antecedent. The recovered Ganja from possession of the petitioner does not come under commercial quantity. Counsel for the petitioner further submits that recovery has not been made in presence of any Magistrate which is violation of

Patna High Court Cr.Misc. No.69064 of 2018(2) dt.27-11-2018 2/2 Section 50 of NDPS Act.

Petitioner is said to be in custody since 27.9.2018. He has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner 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 learned District & Sessions Judge, Bhagalpur, in connection with Sultanganj P.S. Case 240 of 2018 subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T