High Court Punjab viewed as Patna HC granted bail to two petitioners in an NDPS and IPC case, ordering release on a bond with sureties as no contraband was recovered from them despite recovery from a co-accused.
Petitioners released on bail on furnishing a bond of Rs. 10,000 with 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.14464 of 2016
Arising Out of PS.Case No. -534 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== 1. MITHILESH MISHRA @ MITHLESH MISHRA son of Shankar Mishra, Resident of village- Rajendra Road, Shokhara, P.S.- Fulwaria, District- Begusarai 2. Sant Kumar Yadav Son of Laxmi Yadav, Resident of village- Sahlodi Sajat, P.S.- Bhagwanpur, District- Begusarai .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Arvind Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 17-05-2016 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 8.10.2015 in a case registered for the offences punishable under Section 414 of the Indian Penal Code, sections 45 and 46 of the Prisoners Act and section 22 of NDPS Act.
The prosecution case is that Bhola Nath Singh, Superintendent of Begusarai jail submitted a written report alleging that in course of raid of Begusarai Jail, under the leadership of Superintendent of Police and other police officials, one SIM, rupees three thousand seven hundred and fifty and one golden chain were recovered from the possession of co accused
Patna High Court Cr.Misc. No.14464 of 2016 (2) dt.17-05-2016
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Abhinandan Kumar. From co accused Ashok Rai ten grams of ganja in 19 sachets and one broken charger were recovered who was working in the jail kitchen. It is alleged against the petitioners that they were also assisting co accused Ashok Rai in cooking in the kitchen.
It is submitted by the learned counsel for the petitioners that the petitioners were in custody in other case but admittedly no recovery has been made from the petitioners while other accused Abhinandan Kumar has been granted bail vide Cr. Misc. No. 56820 of 2015.
Considering the fact that no recovery has been made from the petitioners, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge I cum Special Judge, Begusarai in connection with Begusarai Town P.S. Case No. 534 of 2015.
(Dinesh Kumar Singh, J)
Anil/-
U T
1 issue framed by the court
Whether petitioners should be granted bail given lack of recovery from their custody despite recovery from co-accused.
Mithlesh Mishra @ Mithlesh Mishra
Sant Kumar Yadav
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
