Single judge of Patna High Court granted bail to petitioner Satendra Kumar in N.D.P.S. case involving possession of ganja on train. Court noted lack of exclusive possession in seizure list and clean antecedents.
Petitioner released on bail bonds of Rs. 10,000/- with sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50404 of 2017
Arising Out of PS.Case No. -315 Year- 2017 Thana -ARA NAWADA District- BHOJPUR
====================================================== Satendra Kumar S/o Sri Raghubir Rai, R/o Village- Masadh, P.S.- Udwant Nagar, District- Bhojpur.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 04-12-2017 Heard the counsels for the parties.
The petitioner seeks bail in connection with
N.D.P.S. Case No. 28 of 2017, arising out of Ara Nawada P.S. Case No. 315 of 2017 dated 07.08.2017 instituted for the offences 8 (c)/20(b)(ii) c of the Narcotic Drugs & Psychotropic Substances Act, 1985.
On 07.08.2017, on raid in Mahananda Train, one Gopal Singh and Chandan Singh were found in possession of 14 Kgs of Ganja each, whereas from the possession of co-accused Kamlesh Paswan and Satendra Kumar(the petitioner), a total of 25 Kgs of Ganja is said to have been recovered.
Learned counsel for the petitioner has stated that the informant in his further statement has only stated that the
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petitioner was traveling along with Kamlesh Paswan. The petitioner has been named in this case because of village politics and was not carrying any narcotic with him. It has further been submitted that petitioner has clean antecedent and has not been made accused in any other case so far except the present case. The petitioner is in custody since 08.08.2017.
Regard being had to the fact that there is no specific statement in the F.I.R or the seizure list that the consignment of Ganja was recovered from the exclusive possession of the petitioner and that he does not bear criminal antecedent, this Court is inclined to grant bail to the petitioner.
The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhojpur, Ara in connection with N.D.P.S. Case No. 28 of 2017, arising out of Ara Nawada P.S. Case No. 315 of 2017.
(Ashutosh Kumar, J)
Shageer/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in an N.D.P.S. case where the seizure list does not indicate exclusive possession of the contraband by the accused and he has no criminal antecedents.
Satendra Kumar
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
