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Patna High CourtCR. MISC./975/2020allowed

Nitish Kumar v. The State Of Bihar

2020-01-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.975 of 2020 Arising Out of PS. Case No.-743 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== NITISH KUMAR S/o Bijay Yadav R/o village- Baluaha, P.O.- Sonbarsa Kachahari Sadar, P.S.- Sonbarsa Kachahari, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Saharsa Sadar P.S. Case No. 743 of 2019 (Special Case No. 08/2019) for the offenses under Sections 20 and 22 of the NDPS Act.

It is alleged that 15 Kgs. Ganja was recovered in the instant case.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. The petitioner is in custody since 18.8.2019. The alleged Ganja is not of commercial quantity and there is no FSL report supporting the allegation that the seized material is Ganja. Considering the fact that the petitioner has no

Patna High Court CR. MISC. No.975 of 2020(3) dt.29-01-2020 2/2 criminal antecedent and he is in custody since 18.8.2019, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 50,000/-(Fifty Thousand) with two sureties of the like amount each to the satisfaction of the District and Sessions Judge-cum-Special Judge, NDPS Act, Saharsa in connection with Saharsa Sadar P.S. Case No. 743 of 2019 (Special Case No. 08/2019).

(Anil Kumar Upadhyay, J) spandey/- U T