Single judge allowed bail applications filed by two sets of petitioners in connected NDPS cases. The High Court granted regular bail with a bond of Rs. 10,000 along with two sureties for each petitioner.
Released on regular bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to the satisfaction of the learned Special 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.71682 of 2018
Arising Out of PS. Case No.-224 Year-2018 Thana- PIPRA District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 76187 of 2018
Arising Out of PS. Case No.-224 Year-2018 Thana- PIPRA District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In Criminal Misc. No. 71682 of 2018) For the Petitioner/s : Mr.Ansul,Advocate Mr. Anuj Kumar, Advocate Mr. Navneet Kumar, Advocate For the Opposite Party/s : Mr.Sri Rajeev Nayan, APP (In CRIMINAL MISCELLANEOUS No. 76187 of 2018) For the Petitioner/s : Mr.Krishna Kant Sharma, Advocate For the Opposite Party/s : Mr.Sri Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
Patna High Court CR. MISC. No.71682 of 2018(3) dt.14-03-2019 2/3
3 14-03-2019 Heard learned counsel for the petitioner in Cr. Misc. No. 71682 of 2018 and Cr. Misc. No. 76187 of 2018 and learned counsel for the State.
The petitioners in both the aforesaid cases are in custody since 22.08.2018 in connection with NDPS Case No. 49 of 2018 for the offence registered under Sections 414, 420 of the Indian Penal Code and Section 20, 22 of the NDPS Act.
Learned counsel for the petitioners submits that the allegation as levelled against the petitioners is that they were found present at a Hotel which was raided on the basis of the information supplied by the Hotel owner and from the vehicles which were supposedly being used by them certain recoveries to the tune of 500 grams of ganja each were recovered from two Swift desire vehicles. It is further submitted that actually these petitioners had reached the hotel and were to drive further towards Baidyanath Dham but certain differences arose between the hotel owner and these petitioners and consequently, they have been falsely implicated in connection with the present case. It is further submitted that the allegation of recovery of false number plates was misconceived and these vehicles were being driven by the bona fide owners and thus, the story as made out does not at all seem feasible worthy of credence. It is
Patna High Court CR. MISC. No.71682 of 2018(3) dt.14-03-2019 3/3
further submitted that one of the persons who was also arrested in the same manner has since been extended the privilege of regular bail vide order dated 11.01.2019 passed in Cr. Misc. No. 70976 of 2018. It is further submitted that the present petitioners in both the cases are having clean antecedent and may therefore, be extended the privilege of bail as in the case of the aforementioned similarly situated persons.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, namely, Sunil Kumar, Mohit, Vijay Sharma and Sandeep @ Sandip in Cr. Misc. No. 71682 of 2018 and also Sudhir Singh, Sumit and Krishna Kumar Lathwal in Cr. Misc. No. 76187 of 2018, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, East Champaran, Motihari in connection with NDPS Case No. 49 of 2018.
(Anjana Mishra, J)
Jagdish/-
U
2 issues framed by the court
Whether the petitioners charged with offences under Sections 414, 420 IPC and Sections 20, 22 NDPS Act be released on bail.
Whether the clean antecedents of the petitioners warrant the grant of bail in an NDPS case.
2 provisions across 2 enactments
Sunil Kumar and Others
Sudhir Singh and Others
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
