In an oral order, the Patna High Court granted bail to Kamlesh Kumar in a narcotics case involving Section 22 N.D.P.S. Act for recovery of ganja, directing bond submission and issue of bail conditions to the Sessions Judge.
Released on bail of Rs.10,000/- with two sureties of similar amount, to be fixed by Sessions Judge.
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.69748 of 2018
Arising Out of PS. Case No.-285 Year-2018 Thana- RAJIVNAGAR District- Patna
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Kamlesh Kumar Son of Yogendra Sao Resident of Mohalla-Nepla Nagar,Chandra Vihar Colony,P.S. Rajiv Nagar,Distt.-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Moleshwar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
2 06-12-2018 Heard the parties.
Petitioner seeks bail in Rajiv Nagar P.S. Case No.285 of 2018 registered for the offences under Section 22 of the N.D.P.S. Act.
Allegation against the petitioner is recovery of 135 grams ganja from the pocket of the pant of the petitioner.
It has been submitted on behalf of the petitioner that he has been falsely implicated in this case and nothing has been recovered from his conscious possession. He is in custody since 02.08.2018 having no criminal antecedent.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the of the like amount each to the satisfaction of the learned Sessions Judge/
Patna High Court Cr.Misc. No.69748 of 2018(2) dt.06-12-2018 2/2
Special Judge, Patna, in Rajiv Nagar P.S.Case No.285/18 subject to the conditions that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court, (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner and (4) if the petitioner is found in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.
(S. Kumar, J)
aks/-
U
1 issue framed by the court
Whether to grant bail to the petitioner accused of drug recovery charges.
1 provisions across 1 enactments
Kamlesh Kumar
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
