Ramtavakaya Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73460 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== RAMTAVAKAYA PANDEY Son of Late Ram Prasad Pandey Resident of Village- Nagari, P.S. Charpokhari, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 8, 20(b)(ii)(c)/27 of the NDPS Act.

Allegedly, two kgs. Ganja is recovered from joint house of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-06-2019. Charge sheet has already been submitted. Two kgs. Ganja is alleged to have been recovered from joint house of the petitioner. Same is below the commercial quantity. Hence Section 37 of the NDPS Act is not applicable in the present case. There is no compliance of Section

Patna High Court CR. MISC. No.73460 of 2019(2) dt.19-11-2019 2/2 42 & 50 of NDPS Act. So far as other accused are concerned, from joint possession of Nayak Sao and Sanjay Sao, 34 kg. Ganja was recovered.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhojpur, Ara in connection with N.D.P.S. Case No. 11 of 2019 arising out of Charpokhari P.S. Case No. 136 of 2019. (Sudhir Singh, J) A.K.V.//- U T