The petitioner sought regular bail in a narcotics case. The single-judge bench dismissed the petition, holding that the petitioner's status as a habitual offender with eight pending cases was sufficient grounds for denial.
Prayer for grant of regular bail dismissed.
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.45548 of 2017
Arising Out of PS.Case No. -7 Year- 2017 Thana -BARHARIA District- SIWAN
====================================================== 1. Reyajuddin @ Reyajuddin Mian, Son of Late Aziz, Resident of VillageChap (Paschim Tola), Police Station- Sarai, O.P. District- Siwan.
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Shyam Bihari Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 19-09-2017
The petitioner seeks regular bail in connection with Barhariya PS case no. 07 of 2017 registered for the offences punishable under Sections 20/22 of N.D.P.S. Act.
The case of the prosecution is that on 09.01.2017,
the police had received secret information and thereafter, the informant along with other police officials had conducted raid at the place of occurrence at about 6 am in the morning and apprehended the petitioner herein as well as other co-accused persons and from their possession, charas was seized. Apart from charas , firearms and stolen vehicle was also recovered from the possession of accused persons.
Patna High Court Cr.Misc. No.45548 of 2017 (2) dt.19-09-2017
2/2
The learned counsel for the petitioner submits that small quantity of charas has been recovered and the petitioner has been falsely implicated in the present case.
Having gone through the materials on record, I find that the petitioner is a habitual offender and as many as eight cases are pending as against the petitioner herein. On this ground alone, the present petition is fit to be dismissed. Nonetheless, considering the accusation leveled against the petitioner, I do not consider it just and appropriate to enlarge the petitioner on regular bail.
Accordingly, the prayer for grant of regular bail on behalf of petitioner is dismissed.
(Mohit Kumar Shah, J.)
rinkee/-
U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail in connection with offences under Sections 20 and 22 of the NDPS Act.
Whether the petitioner's history as a habitual offender precludes the grant of bail.
1 provisions across 1 enactments
Reyajuddin @ Reyajuddin Mian
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
