Allowed

Ajay Kumar @ Ajay Rai v. The State of Bihar

Patna HC22 Nov 2021/27371/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous appeal arising from an NDPS case involving recovery of ganja, the High Court granted bail to the petitioner on furnishing a bond and two sureties, noting the quantity was below commercial limits and procedural defects existed in recovery.

What did the court decide?

The petitioner was directed to be enlarged on bail by furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.

Ajay Kumar @ Ajay Rai Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27371 of 2021

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Arising Out of PS. Case No.-879 Year-2020 Thana- SONEPUR District- Saran

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

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Ajay Kumar @ Ajay Rai S/O Ram Ekwal Rai @ Ram Ekwal Singh R/VDaudnagar, P.O-Daudnagar, Chakghera, P.S.-BIDUPUR, District-Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar Sinha For the Opposite Party/s : Mr.Nawal Kishore Pd. ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 22-11-2021 Heard both parties.

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The petitioner seeks bail in Sonpur P.S. Case No. 879 of 2020 corresponding to Special Case No. 13 of 2020, registered for the offence punishable under Sections 8/20(b)(ii) (c), 25 and 29 of the NDPS Act.

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As per the prosecution case, 10.288 KG of Ganja has been recovered from car of this petitioner.

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It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. Mandatory provision of search and seizure has not been followed. The recovered Ganja is less than commercial quantity, as such rigorous of Section 37 of the NDPS Act, would not be attracted. Similarly situated co-accused Ranjan Kumar from whose possession 10.31 KG of Ganja has been recovered has

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Patna High Court CR. MISC. No.27371 of 2021(3) dt.22-11-2021 2/2

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been granted bail by this Hon’ble Court vide order dated 10.09.2021 passed in Cr. Misc. No. 23709 of 2021. Petitioner claims clean antecedent and he is in custody since 18.12.2020. Chargesheet has already been submitted.

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Considering the period of custody and clean antecedent of the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge, Saran at Chapra in connection with Sonpur P.S. Case No. 879 of 2020 corresponding to Special Case No. 13 of 2020.

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(Prabhat Kumar Singh, J)

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vinita/- U T

Ajay Kumar @ Ajay Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Kumar @ Ajay Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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