In criminal miscellaneous proceedings, the Patna High Court granted bail to Santosh Kumar, accused in a narcotics case where ganja was recovered from a vehicle he was not alleged to be driving, subject to standard conditions and a monetary bond.
Petitioner released on bail with bonds of Rs.10,000 and two sureties of like amount.
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.48004 of 2015
Arising Out of PS.Case No. -256 Year- 2014 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Santosh Kumar, Son of Late Ramchandra Rai, Resident of Village - Hawaspur Thana - Sahpur Patori, District - Samastipur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 02-11-2015 Heard the counsel for the petitioner and counsel for
the State.
In this case, police on information intercepted the Car No.JH.01N0748 and from the secret chamber, 50 packets of 2 Kgms. of ganja were recovered. Counsel for the petitioner submits that he is in jail since 2.12.2014. He submits that the petitioner is innocent. He was not the driver of the vehicle.
Looking into the period of custody, let the petitioner, Santosh Kumar, be released on bail on or after 14th December, 2015 on his furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge-I, Nalanda at Biharsharif in Laheri P.S. Case No.256 of 2014, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner (ii) If the
Patna High Court Cr.Misc. No.48004 of 2015 (2) dt.02-11-2015
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petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.
(Shivaji Pandey, J)
N.H./U T
1 issue framed by the court
Whether the petitioner Santosh Kumar is entitled to be released on bail in a narcotics case.
Santosh Kumar
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
