Kamata Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33040 of 2018 ====================================================== Kamata Sharma Son of Late Chhotan Sharma Resident of Village - Mataura, P.S. - Makhdumpur, District Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 20(a) and 20(b) of the N.D.P.S. Act and Section 30(b) of the Bihar Prohibition and Excise Act, 2016.

8 ganja like trees and 1.3 Kg ganja like substance are said to have been recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized article. The seized substance is not ganja and nature of the said article is also not ascertained to the informant.

Patna High Court Cr.Misc. No.33040 of 2018 (3) dt.18-06-2018 2/2 Aforesaid seized ganja like substance were neither sealed before the petitioner nor sent to FSL for its chemical examination. The house of the petitioner is inhabited by several family members of his family and he had no knowledge of keeping of the said article in the house. The petitioner is aged about 78 years old. He has no criminal antecedent. He has been languishing in custody since 04.01.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 District and Sessions Judge cum Special Judge of N.D.P.S. Act, Jehanabad in connection with N.D.P.S. Case No. 03 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T