Allowed

Md. Abdul Sahmad Miya @ Abdul Sahmad Miya and Anr. v. The State of Bihar

Patna HC14 Feb 2019CR. MISC./8805/2019

Case brief

AI extract

What is this about?

High Court granted bail to petitioners charged under Sections 22/23 NDPS Act for possessing less than commercial quantity of ganja. Bail allowed citing non-compliance of Section 50 NDPS Act and first time conviction.

What did the court decide?

Release on bail on furnishing a bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sessions Judge, Madhubani.

Md. Abdul Sahmad Miya @ Abdul Sahmad Miya and Anr. Vs The… — Narcotics (NDPS) | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8805 of 2019

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Arising Out of PS. Case No.-245 Year-2018 Thana- LADANIA District- Madhubani

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======================================================

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1. MD. ABDUL SAHMAD MIYA @ ABDUL SAHMAD MIYA son of Sahruddin Miya Resident of Village- Taregna, P.S.- Lahan, District- Sirha (Nepal).

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Md. Ahamad Miya SON OF Jahruddin Miya Resident of Village- Taregna, P.S.- Lahan, District- Sirha (Nepal).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA

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ORAL ORDER

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2 14-02-2019

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Heard learned counsel for the petitioners and the learned APP for the State.

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The petitioners seek bail in Ladaniya P. S. Case No. 245 of 2018 instituted for the offence under Section(s) 22/23 of the NDPS Act.

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It is alleged in the written report that informant apprehended petitioners on Indo Nepal Border carrying plastic jhola in their hands. It is further alleged that on search of jhola 2 kg of Ganja have been recovered from each plastic jhola.

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Learned counsel for petitioners submits that search has been made before the police. He further submits that there is non compliance of the provisions as contained in Section 50

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Patna High Court Cr.Misc. No.8805 of 2019(2) dt.14-02-2019 2/2

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of the N.D.P.S. Act. He further points out that recovered ganja is less than commercial quantity.

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The petitioners are in custody since 4.11.2018 having no criminal antecedent.

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Considering the aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Sessions Judge, Madhubani in connection with Ladaniya P. S. Case No. 245 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioners.

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(Sanjay Priya, J)

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shyambihari/-

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U T

Md. Abdul Sahmad Miya @ Abdul Sahmad Miya and Anr. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Abdul Sahmad Miya @ Abdul Sahmad Miya and Anr. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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