In a bail plea under Sections 21 and 22 NDPS Act, the Patna High Court released the petitioner on bail with conditions regarding tie-ups, court cooperation, and no tampering with evidence, despite the charge sheet being lodged.
Release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of tie-up, attendance, and non-tampering.
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.75876 of 2018
Arising Out of PS. Case No.-228 Year-2018 Thana- JOGBANI District- Araria
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Chandan Kuamr Sah, S/o Umesh Praad Sah Resident of Indranagar Ward No.10,P.S. Jogbani,Distt.-Araria ... Petitioner Versus The State Of Bihar ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Abhijeet Gautam, Adv. For the Opposite Party : Mr. Chandra Bhushan Prasad, APP 92 ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
The petitioner is languishing in judicial custody since 21.08.2018 in connection with Special Case No. 21 of 2018 arising out of Jogbani P.S. Case No. 228 of 2018 for the offences alleged under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act and Sections 27(b) and 28 read with 36 of the Drugs and Cosmetics Act.
The prosecution case, as lodged by the Assistant Commandant of the Sashastra Seema Bal, is that on secret information that some drugs are stored in the house of one Md. Shukla Ansari, the police, along with team, conducted a raid in the house and found seven persons in the house, including the petitioner. From the house, huge quantity of therapeutic and anesthetic medicines were found without any paper as well as some Nepali currency. Accordingly, a seizure list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent and nothing has been recovered
Patna High Court Cr.Misc. No.75876 of 2018(3) dt.18-01-2019 2/3
from the possession or the possession or from the house of the petitioner. He, further, submits that charge sheet has already been submitted, there being no allegation of tampering with the prosecution witnesses. He, further, submits that he is not the proprietor or partner in any business of co-accused, Md. Shukla Ansari, and has falsely been implicated. Learned counsel for the petitioner also submits that on similar allegation, coaccused, Md. Chhotu Ansari and Zohra Khatoon, wife of Md. Shukla Ansari have been granted the privilege of bail by coordinate Benches of this Court in Cr. Misc. No. 75101 of 2018, dated 17.12.2018, Cr. Misc. No. 70794 of 2018, dated 10.12.2018 respectively.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner was a carrier and use to supply the drugs from another person at the instance of co-accused, Md. Shukla Ansari, and has confessed his guilt before the police, which, the learned counsel for the petitioner submits that the extra judicial confessional statement of the petitioner before the police has no evidentiary value in the eye of law.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released
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on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 21 of 2018 arising out of Jogbani P.S. Case No. 228 of 2018 to the satisfaction of the learned Sessions Judge, Araria, subject to the following conditions :
(i) One of the ailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and his absence on two consecutive dates without proper and sufficient reason, the trial Court will be at liberty to cancel his bail bonds.
(iii) 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.
(Nilu Agrawal, J)
Shamshad/-
U
1 issue framed by the court
Whether the petitioner should be granted bail after lodging a charge sheet under Section 173 of CrPC.
Chandan Kuamr Sah
The State Of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
