Kamal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86750 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- DHOLBAJJA District- Bhagalpur ====================================================== KAMAL SHARMA Son of Brahmdeo Sharma Resident of Village - Laualagam, P.S.- Chausa, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Thakur For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dholbajja (Kadwa) P.S. Case No. 55 of 2019 for the offence punishable under Sections 8/20 (b) (ii) C/29 of the NDPS Act. The allegation is regarding the police having intercepted the accused persons and as far as the petitioner is concerned, 4.5 kg ganja was recovered from his possession. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that though the petitioner is an accused in one other case, but he is on bail in the said case. The petitioner is stated to be languishing in custody since 22.07.2019. Lastly, it is submitted that the quantity of ganja

Patna High Court CR. MISC. No.86750 of 2019(2) dt.16-01-2020 2/2 recovered from the petitioner does not come in the category of commercial quantity as described in the schedule to the NDPS Act, 1985.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that the quantity of ganja recovered from the petitioner does not fall under the category of commercial quantity, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, 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 A.D.J.-6, Bhagalpur in connection with Dholbajja (Kadwa) P.S. Case No. 55 of 2019.

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