Bail granted to an accused implicated in a narcotics case due to another person's confession, as no drugs were recovered from his possession.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
N THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5373 of 2021
Ram Prabesh Sao @ Ramu Sao … ... Petitioner Versus The State Of Jharkhand … … Opp. Party
CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
-------For the Petitioner : Mr. Bijay Jalan, Advocate For the State : Spl.P.P. --------
Order No. 02: Dated: 2nd July, 2021
Heard the parties.
Defect nos. 5(d), 9(i) to 9(vi), as pointed out by the office, are ignored.
The petitioner is an accused in connection with Itkhori P.S. Case No. 210 of 2020.
A Swift car was intercepted by the police and 4.7 kg of liquid opium was recovered. One Mujibur Rahman was apprehended who disclosed that opium was being delivered to the petitioner and Md. Jawed. The petitioner seems to have been implicated on the confession of Mujibur Rahman@ Mouju Miyan.
There does not appear to be any recovery from the possession of the petitioner. There has been recovery of 1 kg of semi-solid opium from the possession of Md. Jawed who has been granted bail by this Court in B.A. No. 4793 of 2021.
Regard being had to the above, the above named petitioner is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge cum Special Judge (NDPS) Chatra, in connection with Itkhori P.S. Case No. 210 of 2020.
(Rongon Mukhopadhyay, J.)
MM
1 issue framed by the court
Whether the petitioner should be released on bail in a narcotics case given the absence of recovery from his possession.
1 provisions across 1 enactments
Ram Prabesh Sao @ Ramu Sao
The State Of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
