Petitioner sought bail in a case involving N.D.P.S. Act offences追究 brown sugar recovery from his wife and no direct drug seizure. Court granted bail on Rs.10,000 with two sureties to Additional District Judge V, Patna.
Released on bail of Rs.10,000 with two sureties of like amount each to Additional District Judge V, 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.9537 of 2020
Arising Out of PS. Case No.-619 Year-2019 Thana- GARDANIBAG District- Patna
======================================================
GUDDU KUMAR Son of Narayan Paswan @ Suraj Narayan Paswan Resident of Mohalla - Vishnupuri Ambedkar Chok, Purani Bhatti Chitkohra, Anishabad, P.S.- Gardanibag, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs.Rina Sinha For the Opposite Party/s : Mr.Rajendra Nath Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 01-06-2020 Heard both sides through Video Conferencing.
The petitioner seeks bail in Special Case No.137 of 2019, arising out of Gardanibag P.S. Case No.619 of 2019 registered under Sections 8(c), 21(b) and 27of N.D.P.S. Act.
The learned counsel for the petitioner submits that from the possession of the petitioner, Rs.9,50,000/- was recovered and no narcotics and psychotropics drug was recovered from the possession of the petitioner. 19.45 gram brown sugar was recovered from the possession of Radha Devi, wife of the petitioner and for that, the petitioner is in jail since 17.10.2019.
Taking into consideration the fact that no narcotics and psychotropics drug was recovered from the possession of
Patna High Court CR. MISC. No.9537 of 2020(3) dt.01-06-2020 2/2
the petitioner and recovery of brown sugar weighing 19.45 gram was made from the wife of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge V, Patna in connection with Special Case No.137 of 2019, arising out of Gardanibag P.S. Case No.619 of 2019.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
3 issues framed by the court
Whether the petitioner should be released on bail considering no narcotics were recovered from his possession.
Whether the bail bond conditions satisfy judicial requirements under the N.D.P.S. Act.
How the recovery of brown sugar from the petitioner's wife affects bail eligibility.
1 provisions across 1 enactments
Guddu Kumar Son of Narayan Paswan @ Suraj Narayan Paswan
The State of Bihar
Prabat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
