Vicky @ Baba @ Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70530 of 2019 Arising Out of PS. Case No.-453 Year-2017 Thana- DANAPUR District- Patna ====================================================== Vicky @ Baba @ Vicky Kumar Son of Late Md. William Emanuel Resident of Anisabad, P.S.- Beur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Spl. Case No. 98 of 2017 (N.D.P.S.) arising out of Danapur P.S. Case No. 453 of 2017 for the offences punishable under Sections 20/22 of N.D.P.S. Act.

The allegation is regarding recovery of 500 grams of charas from the possession of the petitioner. It is submitted by the learned counsel for the petitioner that the recovered quantity of charas is less than the commercial quantity mentioned in the schedule of NDPS Act, 1985, hence the bar of Section 37 of the NDPS Act, 1985 would not be an impediment in the present case. It is further submitted that the petitioner is languishing in custody since 15.07.2017.

Patna High Court CR. MISC. No.70530 of 2019(2) dt.04-12-2019 2/2 The learned counsel for the petitioner has further submitted that the charges have already been framed in the present case and the petitioner undertakes to be present before the learned trial court on each and every date so fixed.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional S.J.II, Patna (N.D.P.S.) in connection with Special Case No. 98 of 2017 (N.D.P.S.) arising out of Danapur P.S. Case No. 453 of 2017.

It is further directed that the petitioner shall remain physically present before the learned trial court on each and every date so fixed by the learned court below in the ongoing trial and in the event of two consecutive default, the present privilege of bail being granted to the petitioner shall stand cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) Tiwary/- U T