The Patna High Court granted regular bail to a petitioner accused of possessing ganja under the NDPS Act, considering the quantity as small and the petitioner's clean antecedents sufficient for release on bail.
Petitioner released on regular bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26371 of 2020
Arising Out of PS. Case No.-212 Year-2019 Thana- HARLAKHI District- Madhubani
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DHANESHWAR SAH Son of Late Bhadai Sah Resident of Village - Phulhar, P.S.- Harlakhi, District - Madhubani
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Adv. For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 01-12-2020
Heard the learned counsel for the petitioner and Sri Choubey Jawahar, the learned APP for the State.
The petitioner seeks regular bail in connection with G.R.No. 25 of 2019 (NDPS 25(19) arising out of Harlakhi P.S. Case No. 212 of 2019, registered for the offence punishable under Sections 20/22 of the NDPS Act.
The allegation is regarding the police having raided the fruit shop of the petitioner and upon search, 1.5 kg. of ganja was recovered.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has
Patna High Court CR. MISC. No.26371 of 2020(3) dt.01-12-2020 2/3
been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 13.10.2019. It is further submitted that the commercial quantity prescribed in the Schedule to the NDPS Act, 1985 is 20 kg. and the ganja recovered from the fruit shop of the petitioner is much less than the same, hence, the petitioner can be granted the privilege of bail.
Per contra, the learned APP has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that a little more than the small quantity of ganja, as prescribed in the Schedule to the NDPS Act 1985, has been recovered from the petitioner and moreover, the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.26371 of 2020(3) dt.01-12-2020 3/3
bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IX, Madhubani / Incharge Successor Court in connection with G.R.No. 25 of 2019 (N.D.P.S. 25/19) arising out of Harlakhi P.S.Case No. 212 of 2019.
(Mohit Kumar Shah, J)
Ajay/-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail in a case involving recovery of ganja under the NDPS Act given clean antecedents and quantity below commercial limits?
2 provisions across 2 enactments
DHANESHWAR SAH
THE STATE OF BIHAR
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
