The Court granted bail to the petitioner accused of offences under Sections 20/22 of the N.D.P.S Act, invoking Section 437A, despite the recovery of contraband, due to the nature of recovered quantity and lack of criminal record.
Petitioner released on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14306 of 2016
Arising Out of PS.Case No. -13 Year- 2016 Thana -NARHAT District- NAWADA
====================================================== 1. Deoki Chaudhary Son of late Dashrath Chaudhary Resident of VillageChandani Chowk, Narhat, PS Narhat, Distt Nawada.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
======================================================
Appearance : For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
3 02-05-2016 Petitioner is languishing in custody since 31.01.2016 in a case registered for the offences punishable under Sections 20/22 of the N.D.P.S Act.
From the house of the petitioner about 3 Kg green ganja plant was recovered.
It is submitted by learned counsel for the petitioner that petitioner has no criminal antecedent and a statement to that effect has been made in para 3 of the petition. Moreover the investigation has already concluded.
Considering the recovery of contraband
between small and commercial quantity, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount
Patna High Court Cr.Misc. No.14306 of 2016 (3) dt.02-05-2016
2/2
each to the satisfaction of learned District Judge, Nawada in connection with Special Case No. 01 of 2016, arising out of Narhat P.S. Case No. 13 of 2016.
(Dinesh Kumar Singh, J)
Shageer/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in connection with offences under Sections 20/22 of the N.D.P.S Act given the recovery of contraband.
Whether the petitioner's lack of criminal antecedent warrants release on bail.
1 provisions across 1 enactments
Deoki Chaudhary
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
