Justice Arun Kumar allowed bail to petitioner Uday Kumar, already in custody, in an NDPS case alleging possession of charas. The court noted no material exists against him except name disclosure by apprehended accused, directing release on a ₹10,000 bond.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of equal amount.
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.24919 of 2018
Arising Out of PS. Case No.-52 Year-2016 Thana- JIRADEI District- Siwan
======================================================
Uday Kumar, Son of Late Lal Babu Prasad, Resident of Village/at Dakhin Tola, P.S.- Siwan Town, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Rajesh Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 26-04-2018
Heard learned counsel for the petitioner and the
learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Jiradei PS Case No.52 of 2016, registered under Sections 20, 22 of the NDPS Act.
Allegation in brief is that three persons were apprehended with arms and 220 gms. charas from possession of Vijay Kumar Tiwari, 190 gms. of charas from possession of Sanish Kumar @ Chote and 185 gms. of charas from possession of Ramesh Kumar was recovered and the petitioner and one another are said to have escaped away and their names were disclosed by the apprehended accused persons.
Learned counsel for the petitioner submits that except disclosure of name of the petitioner by apprehended accused,
Patna High Court Cr.Misc. No.24919 of 2018(2) dt.26-04-2018 2/2
there is no other material against the petitioner and prior to that he had clean antecedent. Only after institution of the present case, two other cases under Sections 399 and 402 of the Indian Penal Code have been instituted.
Having considered the said facts and circumstances, in particular except disclosure of name of the petitioner by apprehended accused, there appears no other material, so petitioner Uday Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Siwan in connection with Jiradei PS Case No.52 of 2016.
(Arun Kumar, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused under Sections 20 and 22 of the NDPS Act given his antecedents and police report.
Whether material exists against the petitioner besides the disclosure of name by apprehended accused persons.
1 provisions across 1 enactments
Uday Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
