Allowed

Chunnu Kumar v. The State of Bihar

Patna HC6 Jan 2020CR. MISC./80079/2019

Case brief

AI extract

What is this about?

Petitioners arrestsed under NDPS Act 1985 seeking regular bail alleging false implication and procedural lapses in seizure. The court observed that the quantity of ganja was below the small quantity limit and granted bail on furnishing security.

What did the court decide?

Release of petitioners on regular bail on furnishing a bail bond of Rs. 10,000 each with two sureties of the like amount.

Chunnu Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80079 of 2019

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Arising Out of PS. Case No.-595 Year-2019 Thana- AGAMKUAN District- Patna

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======================================================

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CHUNNU KUMAR Son of Sonu Ram Resident of Village - Mahatma Gandhi Nagar, Lagan Colony, P.S.- Agam Kuan, Dist.- Patna.

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Chhotu Kumar Son of Sonu Ram Resident of Village - Mahatma Gandhi Nagar, Lagan Colony, P.S.- Agam Kuan, Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Amarendra Nath Verma For the Opposite Party/s : Mr.Rana Randhir Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 06-01-2020

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Heard the learned counsel for the petitioners and the learned APP for the State.

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The petitioners seek regular bail in connection with Agam Kuan PS case no. 595 of 2019 instituted for the offence punishable under Sections 20, 22, 24 of N.D.P.S. Act, 1985.

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The allegation is regarding recovery of 100 grams of ganja, wrapped in small packets, from the trousers of the petitioners herein.

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The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, they are having a clean antecedent and are languishing in

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Patna High Court CR. MISC. No.80079 of 2019(3) dt.06-01-2020 2/2

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custody since 29.06.2019. It is further submitted that the statutory provisions required to be followed regarding the seizure made, has not been followed, hence the seizure stands vitiated. Lastly, it is submitted that in any view of the matter, the quantity of ganja seized from the petitioners are much below the small quantity defined in the Schedule to the N.D.P.S. Act, 1985, hence the petitioners are at least entitled to the privilege of regular bail.

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Considering the quantity of ganja seized from the petitioners, which according to the Schedule to the N.D.P.S. Act, 1985, is much below the small quantity defined therein, as also taking into account the period of incarceration of the petitioners, I deem it fit and appropriate to direct for release of the petitioners on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned XX^th Additional District & Sessions Judge, Patna in connection with Agam Kuan PS case no. 595 of 2019.

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(Mohit Kumar Shah, J)

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rinkee/-

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U T

Chunnu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chunnu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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