Amit Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78015 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Amit Kumar Sah S/O Late Binod Sah Village- Bhairopatti,Ps. Bahadurpur, Dist.Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 04-12-2023

1. Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner is booked for committing offence under Section 22(b) of the N.D.P.S. Act, in connection with N.D.P.S. Case No. 18 of 2023, arising out of Bahadur P. S. Case No. 253 of 2023.

3. It is submitted on behalf of the petitioner that as per the prosecution case 450 numbers of Anxit 0.5 mg. tablets, containing Alprozolam 0.5 mg. in each tablet and 80 numbers of Spasno Proxyvan Plus, containing Tramadol Hydrochloride I.P. 50 mg. in each tablet, were recovered from the possession of the petitioner. Alprozolam tablets contain 225 mg. in all and Tramadol Hydrochloride tablets contain 4000 mg in all, total being 4.225 gm.

5. As per the schedule under the NDPS Act,

Patna High Court CR. MISC. No.78015 of 2023(2) dt.04-12-2023 2/2 commercial quantity of Alprozolam tablet is 100 gm. and that of Tramadol is 250 gm.

6. The petitioner was having possession of less than commercial quantity of narcotics substance and therefore he is liable to be prosecuted under Section 21(a) of the N.D.P.S. Act. Therefore, the petitioner is entitled to bail.

7. The learned APP has raised no objection.

8. Accordingly, the prayer for bail is allowed.

9. The petitioner, above-named, is granted bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each, one of whom must be a local surety, to the satisfaction of the learned 11th Additional District and Sessions Judge, Darbhanga with further condition that he must comply the conditions, namely, he would not persuade or threaten the witnesses and would be present in the court below during trial on all dates.

10. Failure on the part of the petitioner to comply with any of the above directions will entail the learned court below to cancel the bail without any further order.

(Bibek Chaudhuri, J) skm/- U T