In a criminal miscellaneous petition for bail arising from a narcotics case, the Patna High Court rejected the petitioner's prayer, noting that 45 kg of Ganja was recovered from his residence, indicating no inclination to grant release.
Prayer for bail is rejected by refusing release.
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.37404 of 2015
Arising Out of PS.Case No. -209 Year- 2013 Thana -ATHMALGOLA District- PATNA ====================================================== 1. Bhuneshwar Rai son of Late Deonandan Rai resident of village- Ganjpar, P.S. Athmalgola, District- Patna .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 05-11-2015 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Taking into consideration that 45 kg Ganja is said to have been recovered from house of the petitioner, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Special Case No. 67(A) of 2013 arising out of Athmalgola P.S. Case No. 209 of 2013 pending in the court of learned Additional Sessions Judge-XI, Patna stands rejected.
(Hemant Kumar Srivastava, J)
A.K.V./U T
2 issues framed by the court
Whether the petitioner should be granted bail in light of the recovery of 45 kg Ganja from his house.
Whether the supplemental affidavit filed by the petitioner is sufficient to justify release on bail.
Bhuneshwar Rai
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
