Single judge granted bail to petitioner in NDPS and excise offence case involving ganja and spirit, conditional on surrender within six weeks.
Regular bail granted if petitioner surrenders before learned Sessions Judge, Rohtas within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29090 of 2012
====================================================== Basant Kumar Singh @ Basant Singh
.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 22-11-2012 Heard learned counsels for the petitioner
and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code, 47(a) of the Excise Act and 8/20 of NDPS Act.
4.5 kgs. Ganja and 3 litres spirit were
recovered from the house of the petitioner.
It is submitted by learned counsel for the petitioner that the recovery is from the joint family house and due to the family feud the petitioner used to reside at Karakat, hence, the recovery cannot be treated from the possession of the petitioner.
A statement has been made in para 19
that the petitioner has no criminal antecedent.
In view of this Court, it is a fit case for
Patna High Court Cr.Misc. No.29090 of 2012 (3) dt.22-11-2012 2/2
consideration of regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Bikramganj P.S. Case No. 94 of 2012 pending in the court of learned Sessions Judge, Rohtas at Sasaram.
With the aforesaid observation, this application is disposed of.
Let the order be transmitted to the learned court below through fax at the cost of the petitioner.
(Dinesh Kumar Singh, J.)
DKS/
1 issue framed by the court
Whether the petitioner is entitled to regular bail given joint family recovery and lack of criminal antecedent.
3 provisions across 3 enactments
Basant Kumar Singh @ Basant Singh
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
