Allowed

Narendra Singh @ Nagendra Singh v. The State Of Bihar

Patna HC18 Sept 2014CR. MISC./31765/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to a petitioner in an NDPS case involving 450kg of Ganja recovered from a truck and a Scorpio. The petitioner was apprehended as a passenger in the Scorpio driven by the accused driver. The court held that since nothing was recovered from the petitioner and he was merely a passenger, bail was granted with sureties.

What did the court decide?

Petitioner released on bail with two sureties, Rs. 10,000 each, one being a near relative and the other owning immovable property in the jurisdiction.

Narendra Singh @ Nagendra Singh Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31765 of 2014

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Arising Out of P.S. Case No. -83 Year- 2014 Thana -MAHESI District- EAST CHAMPARAN (MOTIHARI)

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====================================================== Narendra Singh @ Nagendra Singh S/o Late Gupt Nath Singh Resident of Village - Madhopur, Police Station - Tarwara, District - Siwan. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner : Mr. Kundan Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Subhash Chandra Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA

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ORAL ORDER

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2 18-09-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in N.D.P.S. Case No. 38 of 2014, arising out of Mahesi P.S. Case No. 83 of 2014, instituted under Sections 414 of the Indian Penal Code and Sections 20, 22, 23 & 25 of the N.D.P.S. Act.

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Acting on a tip-off, one truck, bearing registration no.

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HR-55 N-3221, was stopped, and on search, from the secret chamber of the cabin 15 bundles of Ganja were recovered, total weighing 450 kg, and on enquiry, the driver of the truck told that the said Ganja belonged to the persons, who were going side by side on a Scorpio. In the meantime, the said Scorpio was stopped wherein the driver Amit and the petitioner were apprehended and

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Patna High Court Cr.Misc. No.31765 of 2014 (2) dt.18-09-2014

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the said driver identified the petitioner as the owner of the loaded Ganja.

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Submissions at the Bar for release of the petitioner are that the petitioner was merely a passenger in that Scorpio; he had nothing to do with the Ganja; the petitioner had no concern with the said consignment, but in spite of that he was apprehended by the police and has been made victim of this offence, to which learned A.P.P. opposes.

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In the facts and circumstances of the case, as stated above, and considering the fact that from the possession of the petitioner nothing has been recovered and, as alleged, he was a passenger in the said Scorpio; as such, the petitioner, namely, Narendra Singh @ Nagendra Singh is directed to be released on bail on executing bail bonds in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (NDPS), East Champaran (Motihari) in NDPS Case No. 38 of 2014, arising out of Mahesi P.S. Case No. 83 of 2014 dated 28.05.2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two

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Patna High Court Cr.Misc. No.31765 of 2014 (2) dt.18-09-2014

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consecutive dates on his part without any reason shall disentitle

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him from the privilege of bail.

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(Jitendra Mohan Sharma, J)

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Dilip/-
U T

Narendra Singh @ Nagendra Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Narendra Singh @ Nagendra Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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