In a criminal miscellaneous petition seeking bail in a narcotics case involving 1.1 gram of heroin, the Patna High Court released the petitioner on bail with bonds and sureties, noting the quantity was below commercial.
Petitioner released on bail on furnishing bonds of Rs.10,000 with two sureties of the like amount each to the 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.56858 of 2019
Arising Out of PS. Case No.-296 Year-2019 Thana- ARA NAGAR District- Bhojpur
======================================================
Ram Chandra Singh Son of Late Kasturi Mahato Resident of Village - Saraiyan, P.S.- Krishnagarh (Barhara), District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Kumar Singh For the Opposite Party/s : Mr.Pradeep Narain Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 09-09-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Section 414 of the Indian Penal Code and 21(a) of N.D.P.S. Act.
The allegation is that 1.1 gram of heroin is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.06.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 1.1 gram of heroin is recovered. Same is below the commercial quantity. Hence, Section 37 of N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of N.D.P.S. Act.
Patna High Court CR. MISC. No.56858 of 2019(2) dt.09-09-2019 2/2
The motorcycle in question is concerned, same belongs to the petitioner. It is not a stolen property.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhojpur at Ara in connection with N.D.P.S. case No.10 of 2019 arising out of Ara Town P.S. case No.296 of 2019.
(Sudhir Singh, J)
Narendra/-
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving possession of small quantity of heroin under Section 414 IPC and Section 21(a) of NDPS Act.
2 provisions across 2 enactments
Ram Chandra Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
