Petitioners seeking regular bail in an N.D.P.S. Act case where Ganja was recovered from the dickey of a motorcycle they were riding. The court granted bail after noting they had no criminal antecedent and were in custody for over a year.
Petitioners released on regular bail by furnishing bond of Rs. 20,000 each with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26510 of 2020
Arising Out of PS. Case No.-365 Year-2019 Thana- SONO District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Shakir Ahamd ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 17-12-2020 Heard Mr. Amrendra Kumar, learned counsel for the petitioners and Mr. Shakir Ahmad, learned counsel appearing for the State through video conferencing.
Petitioners seek regular bail in connection with Sono P.S. Case No. 365 of 2019 registered for the offence under Section 20 / 22 of the N.D.P.S. Act.
The allegation as per the First Information Report is that Police intercepted one motorcycle on which two persons were riding and recovered a total quantity of 1 Kg 560 Gram of Ganja from the dickey of the motorcycle and arrested the accused persons i.e. the petitioners.
Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.26510 of 2020(4) dt.17-12-2020 2/3
petitioners have not committed any offence in the manner alleged and the Ganja which has allegedly been recovered has not been recovered from their conscious possession and the same was found kept in the dickey of the motorcycle which does not belong to the petitioners. Learned counsel further submits that petitioners have got no criminal antecedent and the quantity of Ganja recovered from the dickey of the motorcycle is slightly larger than small quantity and much lesser than commercial quantity. Learned counsel further submits that there is no possibility that petitioners will commit the same offence in future and will abscond or tamper with the evidence. Learned counsel further submits that charge sheet has already been submitted in this case earlier.
Having regard to the submissions made by the parties and taking into consideration the materials available on record , the fact that petitioners have no criminal antecedent and they are in custody since 13.12.2019 i.e. for more than 01 year, I am inclined to grant regular bail to the petitioners.
Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/(twenty thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J., 1ST , Jamui / court
Patna High Court CR. MISC. No.26510 of 2020(4) dt.17-12-2020 3/3
concerned in connection with Sono P.S. Case No. 365 of 2019 on the following conditions:-
(i) that the petitioners shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioners, their bail bonds shall liable to be cancelled.
(ii) that the petitioners shall not leave the country without prior permission of the trial court and will file an affidavit to this effect before the learned Sessions Court and also submit their passports, if any.
It is made clear that at the time of furnishing bail bond
all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
praful/-
U T
2 issues framed by the court
Whether regular bail should be granted to the petitioners in connection with the offence under Section 20 / 22 of the N.D.P.S. Act given they are in custody for over a year and have no criminal antece
Whether the quantity of Ganja recovered constitutes a commercial quantity justifying denial of bail.
1 provisions across 1 enactments
Gulshan Kumar
Kundan Paswan
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
