Petitioner sought bail in a case under the NDPS Act. He was a passenger in a van where ganja was recovered. Court noted nothing recovered from him and duration of custody granted bail.
Directing the petitioner to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45806 of 2017
Arising Out of PS.Case No. -164 Year- 2016 Thana -MUFFASIL District- AURANGABAD
====================================================== Suraj Sao @ Rukhi Sao Son of Late Fagu Sao, R/o Village- Huspura , P.S.Huspura , District- Aurangabad (Bihar).
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Kumar For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
The petitioner seeks bail in connection with
Aurangabad Mufassil P.S. Case No. 164 of 2016 dated 02.10.2016 instituted for the offences under Sections 8/20(b)/(ii)(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985.
A pick-up van was intercepted and 898 kgs of Ganja was recovered from the aforesaid van. Four persons including the petitioner were also found to be occupying the vehicle. From the possession of the other two co-accused persons, an amount of Rs. 2,20,000/-(two lacs and twenty thousand) in all were recovered, whereas some of the accused persons were found to be in possession of mobile telephones.
Mr. Vishwanath Prasad Singh, learned senior
Patna High Court Cr.Misc. No.45806 of 2017 (6) dt.04-01-2018
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counsel has submitted that from the possession of the petitioner, nothing has been recovered and he has been made accused in this case only because he was occupying the vehicle. It has further been submitted that the petitioner was a bona fide passenger and had boarded the vehicle at Dehri-on-sone to go to his village home. It has also been submitted that one of the co-accused persons who was found to be sitting in the vehicle viz. Upendra Giri and from whose possession, cash of Rs. 50,000/- and a mobile telephone was recovered, has been directed to be released on bail by a coordinate Bench of this Court vide order dated 18.08.2017 passed in Cr. Misc. No. 28513 of 2017, after completion of six months of custody from the date of passing of the order i.e. from 18.08.2017.
Considering the fact that nothing has been recovered from the conscious possession of the petitioner and the period of custody which the petitioner has undergone, which is from 03.10.2016, this Court is inclined to grant bail to him. While saying so, this Court has also taken note of the fact that petitioner does not bear any criminal record.
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
Patna High Court Cr.Misc. No.45806 of 2017 (6) dt.04-01-2018
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of learned Additional District Judge-I-cum-Special Judge, N.D.P.S. Act, Aurangabad in connection with Aurangabad Mufassil P.S. Case No. 164 of 2016.
(Ashutosh Kumar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a narcotics offence case where no items were recovered from him and no criminal record exists.
1 provisions across 1 enactments
Suraj Sao @ Rukhi Sao
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
