Hearing a bail petition regarding a charge of narcotics offence under the NDPS Act, the Court rejected the plea. Background facts revealed the petitioner was flagged by a khadasi as an employer without verified parentage details despite being an absconder.
Anticipatory bail petition dismissed; petitioner held not entitled to such privilege.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16205 of 2014
Arising Out of Pawna P.S.Case No. -48 Year- 2013 Thana -PAWNA District- BHOJPUR
====================================================== 1. Budha Sah Son of Haricharan Sah, Resident of Village-Shahpur Patti, P.S.-Shahpur, District-Bhojpur.
.... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhileshwar Singh, Advocate For the Opposite Party/s : Smt. Sucheta Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
3 04-09-2014 Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court Cr.Misc. No.16205 of 2014 (3) dt.04-09-2014
2
basis of case diary that the informant in his statement recorded in para-4 of the case diary shows that the arrested Khalasi Pattu Chaudhary has disclosed that he was carrying the Ganja for his employer Budha Sah, being the petitioner herein, which work he has been doing for the past several years. It is further shown from para-40 of the case diary that process under Section 82 and 83 Cr.P.C. have been executed against the petitioner and thereafter charge-sheet has also been submitted showing the petitioner as absconder.
(Vikash Jain, J)
P.K./-
U T
2 issues framed by the court
whether anticipatory bail should be granted to the petitioner apprehending arrest under the NDPS Act
whether the suspicion and lack of physical possession justify granting anticipatory bail
2 provisions across 2 enactments
Budha Sah
The State Of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
