In Special (Excise) Case No.60 of 2017, the Patna High Court granted regular bail to Bhola Mahto accused of possessing 50g ganja under the N.D.P.S. Act, considering it a minor quantity with no overt acts.
Released on bail on furnishing bond 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.30381 of 2017
Arising Out of PS.Case No. -91 Year- 2017 Thana -BYPASS District- -
====================================================== Bhola Mahto S/o Late Kedar Nath Mahto R/o-Bahri Begumpur Mandai, P.S.-Bypass, Distt.-Patna.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 06-07-2017
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Special (Excise) Case No.60 of 2017 arising out of By Pass P.S. Case No.91 of 2017 registered for the offence under Section 20/22 of the N.D.P.S. Act.
The allegation against the petitioner is that he was possessing 50 gram ganja which was recovered upon the raid of the police.
Learned counsel for the petitioner submits that there is no allegation of any overt act against the petitioner. The said quantity is a minor quantity, the petitioner has no criminal antecedent and he is in custody since 5.5.2017.
Patna High Court Cr.Misc. No.30381 of 2017 (2) dt.06-07-2017
2/2
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Patna in connection with Special (Excise) Case No.60 of 2017 rising out of By Pass P.S. Case No.91 of 2017.
(Mohit Kumar Shah, J)
AnilKrSinha/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in connection with possession of ganja under the N.D.P.S. Act.
Whether the minor quantity and lack of criminal antecedents justify enlargement on bail.
Bhola Mahto
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
