In a criminal miscellaneous matter, the Patna High Court granted bail to the petitioner arrested in an NDPS case where recovery was made only from the vehicle driver, not the petitioner.
Release of petitioner on bail by furnishing a bond of Rs. 10,000/- with two sureties of the 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.45805 of 2018
Arising Out of PS. Case No.-60 Year-2018 Thana- MANIGACHI District- Darbhanga
======================================================
Lal Babu Sharma @ Lal Babu Thakur, S/o Late Bhikhari Thakur, R/o Ahiratola, P.S.- Raxaul, District- Motihari, East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 14-08-2018
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is in custody since 22.03.2018, in connection with Manigachhi P.S. Case No. 60 of 2018, for the offence registered under Sections 8/20(C),25 of the N.D.P.S. Act.
Learned counsel for the petitioner submits that the alleged recovery is made from the truck and the driver of the vehicle was arrested. The only allegation against this petitioner is that he was found travelling in the same truck. There has been no recovery from conscious possession of the petitioner. It is further submitted that since the petitioner has gone to Manigachhi to attend a function at friend's house and on returning could not find transport to travel and then he stopped
Patna High Court Cr.Misc. No.45805 of 2018(2) dt.14-08-2018 2/2
the said truck and board on it.
Learned counsel for the petitioner further submits that
petitioner is having fair antecedent.
Having considered the aforementioned facts and circumstances, let the petitioner, above named, 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 Sessions Judge-cum-Special Judge, Darbhanga, in connection with Manigachhi P.S. Case No. 60 of 2018.
(Anjana Mishra, J)
khushbu/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given lack of recovery from him and his fair antecedents.
2 provisions across 2 enactments
Lal Babu Sharma @ Lal Babu Thakur
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
