The Patna High Court granted bail to the petitioner in a case under sections 21 and 22 of the NDPS Act involving the recovery of 2 kg ganja, noting the recovery was not from conscious possession and the quantity was not commercial.
Released on furnishing of a bail bond of Rs. 10,000 with two sureties of the like amount.
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Patna High Court Cr.Misc. No.5240 of 2014 (3) dt.27-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5240 of 2014 ====================================================== 1. Byas Yadav S/O Rampukar Yadav Resident Of Village Siswa, P.S. Gogri, District Khagaria. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 27-03-2014 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in a case registered under Sections 21, 22 of the Narcotic Drugs & Psychotropic Substance Act for the recovery of 2 kg. Ganja from the husk house of the petitioner. Submission is that the recovery was not from the conscious possession of the petitioner. It is not of commercial quantity. The petitioner has not been made accused earlier under the N.D.P.S. Act.
Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
Patna High Court Cr.Misc. No.5240 of 2014 (3) dt.27-03-2014
like amount each to the satisfaction of the learned Special Judgecum-Sessions Judge/concerned Court, Khagaria in connection with Special Case No. 6 of 2013 arising out of Gogri P.S. Case No. 238 of 2013.
(Shyam Kishore Sharma, J)
avin/-
2 issues framed by the court
Whether the petitioner is eligible for bail in a case under sections 21 and 22 of the NDPS Act for recovery of 2 kg ganja where recovery was not from conscious possession and quantity is not commercia
Whether bail can be granted in connection with Special Case No. 6 of 2013 arising out of Gogri P.S. Case No. 238 of 2013.
1 provisions across 1 enactments
Byas Yadav
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
