Bahuran Lakra v. the State of Jharkhand

Jharkhand HC11 Sept 2024B.A./7111/2024

Case brief

AI extract

What is this about?

NDPS bail allowed; opium 1020 grams (570 g + 450 g) below commercial quantity; Sections 18(c), 22, 25 N.D.P.S. Act; Dhurwa (T) P.S. Case No. 133/2024(N); N.D.P.S. case no. 37/2024, Special Judge (N.D.P.S.) Ranchi; no independent witness of seizure memo; custody since 07.06.2024 (Manish Lakra) and 11.04.2024 (Bahuran Lakra); no criminal antecedent; bail bond Rs. 25,000 with two sureties; Justice Subhash Chand; High Court of Jharkhand.

What did the court decide?

Release on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with two sureties of the like amount to the satisfaction of the Court concerned in the aforesaid case. ¶¶20

Bahuran Lakra Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with two sureties of the like amount to the satisfaction of the Court concerned in the aforesaid case.

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Issue for consideration

Whether the petitioners Manish Lakra and Bahuran Lakra should be released on bail in connection with Dhurwa (T) P.S. Case No. 133/2024(N), corresponding to N.D.P.S. case no. 37/2024, under Sections 18(c), 22 and 25 of the N.D.P.S. Act.

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Court's answer

Both bail applications (same case crime, disposed of by common order) are allowed; the petitioners are to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount to the satisfaction of the Court concerned.

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Ratio / Principle

Bail was granted in view of the recited considerations: total opium recovered (1020 grams) was below the commercial quantity, there was no independent witness of the seizure memo, the petitioners had been in custody since 07.06.2024 and 11.04.2024 respectively, and both had no criminal antecedent.

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Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Subhash Chand, J.) — common order disposing of B.A. Nos. 7110 and 7111 of 2024 filed by Manish Lakra and Bahuran Lakra seeking bail in Dhurwa (T) P.S. Case No. 133/2024(N), corresponding to N.D.P.S. case no. 37/2024, registered under Sections 18(c), 22 and 25 of the N.D.P.S. Act and pending before the Special Judge (N.D.P.S.), Ranchi. Following a raid on secret information, opium totalling 1020 grams (570 g and 450 g in two mustard oil pouches) was recovered from the temporary tirpal house of Bahuran Lakra; the recovery was below the commercial quantity, there was no independent witness of the seizure memo, the petitioners were in custody since 07.06.2024 and 11.04.2024 respectively, and neither had criminal antecedents. Bail applications allowed; petitioners to be released on bail on a bond of Rs. 25,000/- with two sureties of the like amount.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7110 of 2024

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Manish Lakra, aged about 23 years, Son of Pusha Oraon, resident of village Nichitpur, Nawatoli, P.O.-Tupudana, P.S.-Dhurwa (T), District: Ranchi, Jharkhand. ..... … Petitioner

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Versus

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The State of Jharkhand …. …. Opp. Party

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With

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B.A. No. 7111 of 2024

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Bahuran Lakra, aged about 31 years, Son of Pusha Oraon, resident of village Nichitpur, Nawatoli, P.O.-Tupudana, P.S.-Dhurwa(T), District, Ranchi, Jharkhand. ….. … Petitioner

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Versus

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The State of Jharkhand ….. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND For the Petitioner : Mr. Vishal Kumar Tiwary, Advocate(for both cases) For the State : Ms. Kumari Rashmi, A.P.P.

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03/11^th September, 2024

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Heard the learned counsel for the petitioners and learned A.P.P. for the State.

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Both these bail applications have been filed on behalf of the abovenamed petitioners with the prayer to release on bail in connection with Dhurwa (T) P.S. Case No. 133/2024(N), corresponding to N.D.P.S. case no. 37/2024, registered under Sections 18 (c), 22 and 25 of the N.D.P.S. Act, pending in the Court of Special Judge (N.D.P.S.), at Ranchi.

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Both bail applications related to the same case crime, therefore these are being disposed of by this common order.

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The FIR of this case was lodged with these allegations that the informant police officer had received the secret information that from the house of Bahuran Lakra and Manish Lakra, the sale of narcotic and psychotropic substance was made. A team was constituted and raid was carried out. Two persons were found there. One was apprehended at the spot who was identified as Bahuran Lakra. In his presence, the search of his temporary

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house made of tirpal was made from where narcotic substance opium in two mustard oil pouch was recovered. From the first pouch, it was 570 grams and from another pouch, it was 450 grams. The seizure memo of the same was prepared and it was told by the apprehended accused that his younger brother Manish Lakra was also involved in sale of this opium. Hence, this FIR was lodged. The total opium which was recovered from the temporary house of the petitioner is 1020 grams which is below the commercial quantity. There is no independent witness of the seizure memo and the petitioner Manish Lakra has been languishing in jail since 07.06.2024 while the petitioner Bahuran Lakra has been languishing in jail since 11.04.2024. Both having no criminal antecedent.

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In view of the above, the bail application of the petitioner is hereby allowed. Let the petitioner be released on bail on furnishing the bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with two sureties of the like amount to the satisfaction of the Court concerned in the aforesaid case.

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(Subhash Chand, J.)

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Rashmi

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Bahuran Lakra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bahuran Lakra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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