In a bail petition, the Patna High Court, considering the offence level involves ganja below commercial quantity and no witness tampering, granted bail to the petitioner on furnishing security bonds.
Petitioner released on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount to the Sessions Judge XXIV, Patna.
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.29868 of 2020
Arising Out of PS. Case No.-77 Year-2020 Thana- DANAPUR District- Patna
======================================================
MD. SONU @ MOHD. SONU Son of Late Md. Izhar Resident of Village/Mohalla-Kachahari, Phulwari, Police Station-Phulwarisharif, DistrictPatna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 13-11-2020
Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section 414 of I.P.C. and Sections 25(1-b)a, 26, 35 of the Arms Act and Sections 20, 22, 23, 24 of the N.D.P.S. Act.
Patna High Court CR. MISC. No.29868 of 2020(2) dt.13-11-2020 2/3
Prosecution case, in short, is that one loaded country made pistol with one live cartridge and 4.5 kgs of ganja are recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.01.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. No arms is said to have been recovered from the possession of the petitioner. Arms is said to have been recovered from the co-accused. It is alleged that 4.5 kgs of ganja is said to have been recovered from the car in question. Same is below the commercial quantity. Hence Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 100 of Cr.P.C. and Sections 42 and 50 of the N.D.P.S. Act.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, 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 Sessions Judge XXIV, Patna in connection with Special case No.22 of 2020 arising out
Patna High Court CR. MISC. No.29868 of 2020(2) dt.13-11-2020 3/3
of Danapur P.S. case No.77 of 2020.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the Special case instituted for offences under the Arms Act and N.D.P.S. Act.
4 provisions across 3 enactments
Md. Sonu @ Mo. Sonu
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
