This oral order grants bail to the petitioner arrested under Sections 20/22 of the NDPS Act. The court considered him a tenant with no criminal antecedents and directed his release on bond with sureties.
Petitioner directed to be released on bail furnishing a bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47171 of 2017
Arising Out of PS.Case No. -222 Year- 2017 Thana -SHASTRINAGAR District- PATNA
====================================================== Md. Dablu @ Md. Dablu Alam, Son of Md. Shakeel, R/o Village- Kinjer, P.S.- Kinjer, District- Arwal.
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
4 08-12-2017 Heard the counsels for the parties.
The petitioner seeks bail in connection with Special Case No. 53 of 2017, arising out of Shastri Nagar P.S. Case No. 222 of 2017 dated 16.04.2017 instituted for the offences under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act.
On secret information regarding sale and purchase of narcotics, one Deepak Kumar Sahani was arrested from near Sheikhpura Bind Toli turning and from him Ganja was recovered. On the statement of aforesaid Deepak Kumar Sahani, the house of one Vishnu Kumar was raided from where 25 kgs. and 9 gms. of Ganja was also recovered. The petitioner was found present in that house.
Patna High Court Cr.Misc. No.47171 of 2017 (4) dt.08-12-2017 2
Learned counsel for the petitioner has submitted that the petitioner is only one of the tenants of the aforesaid Vishnu Kumar and has nothing to do with the narcotics which was recovered from the house of Vishnu Kumar.
The petitioner is in custody since 17.04.2017 and does not have any criminal antecedent.
In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III, Patna in connection with Special Case No. 53 of 2017, arising out of Shastri Nagar P.S. Case No. 222 of 2017.
(Ashutosh Kumar, J)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioner, a tenant at the place where narcotics were recovered, is entitled to anticipatory bail while maintaining he had no involvement in the offence.
1 provisions across 1 enactments
Md. Dablu @ Md. Dablu Alam
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
