The High Court of Jharkhand allowed the petitioner's regular bail application in a narcotics case. The court granted bail based on the argument that no drugs were seized from the petitioner, despite co-accused possession.
Petitioner released on bail on bond of Rs. 50,000 with sureties, subject to conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 3417 of 2023
Rajesh Sharma @ Rajesh Kumar @ Rajesh Kumar Sharma
. .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
......... For the Petitioner : Mr. Amit Kumar Choubey, Advocate For the State : Mr. Ravi Prakash, SPP
06/ 22.06.2023 . Petitioner above-named who is in custody since 16.03.2023 has moved this Court for grant of regular bail in connection with Pratappur P.S. Case No.37 of 2023 registered under Sections 18, 25, 27 and 29 of the Indian Penal Code.
Heard the parties.
It is submitted by learned counsel for the petitioner that no narcotics has been seized from the petitioner as per the seizure list and the same was seized from one co-accused, Rajesh Vishwkarma and, therefore, offence as alleged will not be made out. It is submitted that there is reference to criminal antecedent, but that does not pertain to offence under the NDPS Act.
Learned APP for the State has vehemently opposed the prayer. It is submitted that co-accused, Rajesh Vishwakarma had come to deliver narcotics to this petitioner and on seeing police party, both started fleeing away, but they were apprehended on chase.
Considering the submissions of learned counsel and the fact as discussed above, the bail application is allowed. Accordingly, the petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/(Rupees Fifty Thousand ) with two sureties of the like amount each to the satisfaction of learned Court below subject to the condition that one of the bailor(s) must be close relatives of the petitioner and that he shall not commit an offence, similar to the offence of which he is accused in the present case.
( Gautam Kumar Choudhary, J. )
Sandeep/Uploaded.
1 issue framed by the court
Whether survival of a bail petition where no narcotics were seized from the petitioner but from an accomplice.
1 provisions across 1 enactments
Rajesh Sharma @ Rajesh Kumar @ Rajesh Kumar Sharma
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
