IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.1098 of 2010
KUMAR AMIT
Versus
STATE OF BIHAR
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04. 18.03.2011 I.A. No. 627 of 2011
Heard learned counsel for the appellant and
State.
Appellant stands convicted for the offence
under section 21(C) and 22(C) of the Narcotic Drugs
and Psychotropic Substance Act (hereinafter referred
to N.D.P.S. Act) and sentenced to undergo rigorous
imprisonment for ten years and pay a fine of Rs.
1,00,000/- (one lac) each and in default of payment
further to undergo rigorous imprisonment for two
years.
He along with Deepak Kumar Singh faced
trial. Both have been convicted, but recovery of
narcotic substance was made from the possession of
Deepak Kumar Singh non-appellant. Nothing
incriminating was recovered from the appellant who
enjoyed privilege of bail during trial and he is in
custody since date of conviction.
Considering the facts and circumstances of
the case, during the pendency of this appeal, let the
appellant namely, Kumar Amit, be released on bail on
2
furnishing bail bond of Rs. 10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of Trial Court i.e. Additional Sessions
Judge, VIIth, Patna, in connection with Special Case
No. 32 of 2006, arising out of Gandhi Maidan P.S.
Case no. 182 of 2006.
During the pendency of this appeal,
realization of fine shall remain stayed.
Rajeev/ ( Akhilesh Chandra, J.)