Criminal miscellaneous petition regarding bail application in an N.D.P.S. case. The court allowed bail, releasing the petitioner after investigation was concluded, subject to conditions.
Petitioner released on bail of Rs. 10,000 with two sureties of similar amount each.
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.19702 of 2016
Arising Out of PS.Case No. -373 Year- 2015 Thana -ALAMGANJ District- PATNA ====================================================== Shambhu Kumar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 31.12.2015 in a case registered for the offences punishable under sections 20 and 22 of the N.D.P.S. Act.
The prosecution case is that 3.5 Kg. Ganja was recovered form the room of the petitioner.
It is submitted by learned counsel for the petitioner that only on suspicion the petitioner has been roped in this case. The recovery has been made from joint family house. The seized contraband is between small and commercial quantity. Statement has been in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that investigation against the petitioner has already been concluded.
Considering the aforesaid facts, let the above named
Patna High Court Cr.Misc. No.19702 of 2016 (2) dt.03-05-2016
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petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Patna in connection with Special case No. 55 of 2015, arising out of Alamganj P.S. Case No. 373 of 2015.
The learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner gets involved in similar offence or defaults without any reasonable cause on three consecutive occasions.
(Dinesh Kumar Singh, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner could be released on bail given the prosecution case based on joint family house recovery.
1 provisions across 1 enactments
Shambhu Kumar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
