Single judge order rejecting bail application in an NDPS case involving morphine. Court held petitioner is not entitled to bail due to criminal antecedents.
Bail application rejected; petitioner not granted bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1873 of 2019
Kailu Yadav @ Prayag Yadav, S/o Late Lekho Yadav, R/o Village- Goriya, Po- Kala Bengo, P.S.- Rajpur, Dist.- Chatra (Jharkhand) …… Petitioner Versus
The State of Jharkhand …… Opposite Party
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
----- For the Petitioner : Mr. Pramod Kumar, Advocate For the State : Mr. Pankaj Kumar, A.P.P -----
06/Dated: 12/04/2019:
Heard learned counsel for the petitioner and learned counsel for
the State.
Petitioner has prayed for grant of regular bail in connection with Rajpur P.S. Case No. 16 of 2016, corresponding to G.R. No. 207 of 2016 and NDPS Case No.32 of 2017, for the offence under Sections 8(B), 15, 18, 18(C), 22, 32, 46 of Narcotic Drugs and Psychotropic Substances Act.
Learned counsel for the petitioner has submitted that petitioner is not cultivator nor owner of the land and he has nothing to do with the present case. Learned counsel for the petitioner has further submitted that petitioner is working as labourer, as such may be granted regular bail on any condition as he is custody since 22.11.2018.
Learned counsel for the State has opposed the prayer for bail and has submitted that seized material has been found to be morphine and the petitioner has also criminal antecedent of the same nature in Rajpur P.S. Case No.20 of 2017 under Section 18 of the NDPS Act.
Considering the same, this Court is not inclined to grant bail to the petitioner.
Accordingly, this bail application is hereby rejected.
( Kailash Prasad Deo, J.)
R.S-
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with offences under the NDPS Act.
1 provisions across 1 enactments
Kailu Yadav @ Prayag Yadav
The State of Jharkhand
KAILASH PRASAD DEO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
