Patna High Court granted bail to the petitioner in a narcotics case under Sections 20/22 of the NDPS Act, directing his release against a bond of Rs. 10,000 with two sureties, subject to specific conditions regarding presence in court.
Released on bail on execution of bonds of Rs. 10,000 with two sureties of like 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.29750 of 2017
Arising Out of PS.Case No. -12 Year- 2017 Thana -BUDHUCHAK District- BHAGALPUR
====================================================== Jaldhar Mandal, son of Late Darbeshi Mandal, resident of Village- Rani Diyara, P.S.- Budhuchak, District- Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
Heard learned counsel for the petitioner and learned APP for the State.
2 10-07-2017
The petitioner seeks bail in connection with Budhuchak P.S. Case No. 12 of 2017 registered for the offence punishable under section(s) 20/22 of the NDPS Act.
Allegedly from the possession of the petitioner, 45 grams of Ganja was recovered and for that, he is in custody since 27.05.2017.
Submission is of false implication and that nothing has been recovered from the conscious possession of the petitioner, the alleged recovered quantity is less than small quantity and as such, he deserves sympathetic consideration.
Learned APP opposes the prayer of bail.
Patna High Court Cr.Misc. No.29750 of 2017 (2) dt.10-07-2017
2/2
Considering the facts and circumstances as stated above, the petitioner, above named, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bhagalpur in connection with Budhuchak P.S. Case No. 12 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason, shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
Mahesh/-
U T
2 issues framed by the court
Whether the petitioner deserves bail in a criminal case under the NDPS Act where the quantity of Ganja recovered is less than small quantity.
Whether the petitioner can be released on bail subject to the condition of bond and conditions of bail.
Jaldhar Mandal
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
