Single judge order granting bail to the petitioner, accused under the NDPS Act, upon furnishing a monetary bond and two sureties, noting no criminal antecedents and seizure of ganja found near the house.
Petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties (one being a close relative).
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10395 of 2014
| ====================================================== Deo Narayan Bhagat, S/o late Girija Bhagat, R/o Vill. Bijbani, P.S. Jitna, District–East Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s |
|---|
| ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 23-04-2014 Heard learned counsel for the petitioner and |
| learned A.P.P. for the State. |
Petitioner is accused in connection with N.D.P.S. Case No. 144 of 2013 arising out of Ghorasahan P.S. Case No. 348 of 2013 registered under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act.
The allegation against the petitioner is that in course of patrolling duty, the Police recovered the ganja kept inside the boundary wall of the house of the petitioner near papaya tree.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the seizure list that the alleged 10 kg. ganja was recovered near the boundary covered with a ganni bag not from the conscious possession of the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 19.09.2013.
Patna High Court Cr.Misc. No.10395 of 2014 (2) dt.23-04-2014
2
Under the facts and circumstances of the case, the 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 6the Additional Sessions Judge, East Champaran at Motihari in connection with N.D.P.S. Case No. 144 of 2013 arising out of Ghorasahan P.S. Case No. 348 of 2013. Out of two sureties, one surety must be parent or close relative of the petitioner.
(Rajendra Kumar Mishra, J.)
Shail/-
2 issues framed by the court
Whether the petitioner is eligible for bail in the Narcotic Drugs and Psychotropic Substances Act case.
Whether the conditions for granting bail can be laid down by the High Court in this bail application.
Deo Narayan Bhagat
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
