The Patna High Court granted bail to a labourer charged under the NDPS Act who claimed ignorance of the truck's contents, noting that co-defendants were already on bail.
The petitioner is released on bail by furnishing bonds of Rs. 10,000 each with two sureties.
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.60523 of 2019
Arising Out of PS. Case No.-286 Year-2019 Thana- BARACHATTI District- Gaya
======================================================
KAULESHWAR YADAV @ KOULESHWAR YADAV S/o Late Pokhi Yadav Resident of Village- Gajragarh, P.S.- Barachatti, District- Gaya.
... ... Petitioner
Versus
The State of Bihar Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s : Mr.Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 04-12-2019
Heard learned Counsel for the petitioner and the learned APP for the State.
The petitioner, who is in custody, seeks bail in a case registered under Sections 15, 18, 20, 22 of NDPS Act in connection with Barachatti PS Case No. 286 of 2019 (ndps Case No. 49 of 2019 ).
It is submitted by petitioner’s Counsel that the petitioner along with others had been engaged for tying trapoline on the truck. The petitioner was rendering his services as a labourer and has no concern with the contents on the truck. It is submitted that others similarly situated as the petitioner have been allowed bail in Cr. Misc. No. 59270 of 2019 and Cr. Misc. No. 63011 of 2019. The petitioner is already on bail in the other case which is said to be pending against him namely Excise Case No. 16 of 2016.
Considering the aforesaid submission this Court is inclined to allow the prayer for bail of the petitioner.
Let the petitioner above named be released on bail on
Patna High Court CR. MISC. No.60523 of 2019(3) dt.04-12-2019 2/2
his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Gaya in Barachatti PS Case No. 286 of 2019 (ndps Case No. 49 of 2019) subject to the conditions:-
(I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.
(Madhuresh Prasad, J)
SNkumar/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged under Sections 15, 18, 20, 22 of the NDPS Act.
Whether the petitioner's role as a labourer engaging in tying a tarpaulin insulates him from direct concern with contraband contents.
Kauleshwar Yadav @ Kouleshwar Yadav
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
