The Patna High Court granted bail to Dipu Kumar, accused in an NDPS and Arms Act case. Despite drug recovery from co-accused, only mobile phones were recovered from the petitioner. Released on bond with close relative sureties.
Granted bail on furnishing bond of Rs. 10,000 with two sureties of like amount, to be close relatives of the petitioner.
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.9637 of 2019
Arising Out of PS. Case No.-271 Year-2018 Thana- PARSABAZAR District- Patna
======================================================
DIPU KUMAR, S/o Raju Ram, Resident of village- Dhana Dihri, P.SParasvigha, District- Jehanabad, present address- Yadavchak, S.P. Yadav ke Makan mein kirayedar, P.S- Parsa Bazar, Distt.-Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Satrudhan Kumar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2/ 18-02-2019
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Parsa Bazar P.S. Case No.271 of 2018 (Special Case No.102 of 2018) instituted for the offence under Section 414 IPC, Section(s) 20, 22, 29 of the NDPS Act, Sections 25(1-b)A, 26, 35 of the Arms Act.
Counsel for the petitioner submits that although brown-sugar have been recovered from possession of the other accused, as mentioned in the written report, there is only recovery of mobile phones from possession of the petitioner.
From the seizure list, which is part of the First Information Report, it appears that besides mobiles there is no recovery of any other article from possession of the petitioner.
Patna High Court Cr.Misc. No.9637 of 2019(2) dt.18-02-2019 2/2
Petitioner is in custody since 11.09.2018 having clean
antecedents.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 the Additional Sessions Judge, VII, Patna, in connection with Parsa Bazar P.S. Case No.271 of 2018 (Special Case No.102 of 2018) , subject to the condition that both the bailors shall be close relative of the petitioner.
(Sanjay Priya, J)
J. Alam/- U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused in cases involving NDPS and Arms Act offences given the limited seizure from his possession.
Whether the petitioner meets the conditions for bail release upon furnishing bonds.
3 provisions across 3 enactments
Dipu Kumar
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
