Petitioner applying for bail in an N.D.P.S. case where ganja was recovered from his shop. Court allowed bail after counsel undertook to remove defects and argued recovery was planted.
Petitioner released on bail on furnishing bond of Rs. 25,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.12748 of 2021
Bhimsen Mahato ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mrs. Vani Kumari, Advocate For the State : Mr. Ravi Prakash, Spl. P.P. --------
03/17.01.2022 Heard learned counsel for the applicant and learned Spl. P.P. for
the State.
Learned counsel for the applicant undertakes to remove the defects, as pointed out by the office within a period of one week.
This bail application has been filed on behalf of the applicant– Bhimsen Mahato with prayer to release on bail in connection with Seraikella P.S. Case No.83 of 2021 registered under Sections 20(b)(ii)(c)/22 of the N.D.P.S. Act pending in the court of learned Sessions Judge, Seraikella.
Learned counsel for the applicant has submitted that the police party after having received secret information, conducted raid at the grocery shop of the applicant and recovered total 4.185 k.g. of ganja in presence of two independent witnesses i.e., Mukesh Mahato and Khemraj Mahato and cash amount of Rs.35100/- was also recovered along with mobile phones. Learned counsel for the applicant has submitted that the alleged recovery has been planted. The said two independent witnesses were already planned and the applicant was doing business of grocery in his shop. The alleged recovered quantity of ganja was below the commercial quantity and the applicant has been languishing in jail since 03.07.2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that alleged ganja was recovered from the grocery shop of the applicant which he was selling and cash amount of Rs.35100/- was sale proceed of ganja.
In view of the submissions made and material on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court of learned Sessions Judge, Seraikella in aforesaid case.
(Subhash Chand, J.)
Rohit
1 issue framed by the court
Whether the bail application filed by the applicant in connection with the recovery of narcotics should be allowed given the allegations of planted recovery.
1 provisions across 1 enactments
Bhimsen Mahato
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
