The Patna High Court dismissed an application for bail as the petitioner's circumstances remained unchanged since the previous rejection. The court noted restrictions under the NDPS Act and found no reason to entertain the fresh plea.
The prayer for grant of bail was dismissed.
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. 48358 of 2018
Arising Out of PS. Case No.-106 Year-2018 Thana- Kudra District- Bhabhua (Kaimur)
======================================================
Chandan Upadhyay, Son of Chandra Shekhar Upadhyay, Resident of VillageLily P.S. Karamchat, District- Kaimur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Arabind Nath Pandey For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2. 26-09-2018
Heard Sri Arabind Nath Pandey, learned counsel for
the petitioner and Sri Yogendra Kumar Singh, learned Addl. Public Prosecutor.
This is the second attempt for grant of bail on behalf of the petitioner. Only recently, on 07-05-2018, vide Cr. Misc. No. 26283 of 2018, the prayer for bail of petitioner was rejected.
The petitioner is in custody since 29-03-2018 in Kudra P.S. Case No. 106 of 2018 registered for offence under Sections 8/20 (b) (ii) (c) / 27 A of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short ‘N.D.P.S. Act’).
Earlier, while rejecting the prayer for bail, I had considered the restriction imposed in Section 37 of the N.D.P.S. Act and without any change in the circumstances, the present
Patna High Court Cr.Misc. No.48358 of 2018(2) dt.26-09-2018 2/2
petition has been filed and as such, there is no reason to entertain the same.
The petition stands dismissed.
(Rakesh Kumar, J.)
anay
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in the NDPS offence given no change in circumstances since the earlier refusal.
Whether continued detention is justified under Section 37 of the NDPS Act.
2 provisions across 1 enactments
Chandan Upadhyay
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
