This order grants bail to the petitioner charged with offences under the NDPS Act involving the recovery of ganja. The High Court ordered release on a bond of Rs. 25,000 with two sureties.
Petitioner released on bail with a bond of Rs. 25,000 and two sureties of the same amount.
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.19772 of 2021
Arising Out of PS. Case No.-154 Year-2020 Thana- NADI P.S. District- Patna
======================================================
SANJAY KUMAR Son of Ganga Mahto Resident of Village - Fatehjangapur, P.s.- Nadi, Dist.- Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Kumar, Adv. For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 18-11-2021
Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Nadi P.S. Case No. 154 of 2020 (Special Case No. 142 of 2020) registered for the offence under Sections 8(iii), 20(b)(ii)(c), 22(c) of the N.D.P.S. Act.
Altogether 5 Kg of Ganja was recovered from the plastic bag.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is
Patna High Court CR. MISC. No.19772 of 2021(3) dt.18-11-2021 2/3
innocent and has not committed any offence. In fact, nothing incriminating has been recovered form the conscious possession of the petitioner and the petitioner has no concern with the alleged recovery of Ganja. Moreover, the co-accused, namely, Vijay Kumar and Manjit Kumar, having more or less similar allegation have already been granted bail by a co-ordinate Bench of this Court vide order dated 20.07.2021 and 15.11.2021 passed in Cr. Misc. No. 24782 of 2021 and Cr. Misc. No. 19733 of 2021, respectively. The petitioner is rotting in judicial custody since 21.09.2020.
Learned A.P.P. for the State has opposed the prayer for bail the petitioner.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XVI, Patna in connection with Nadi P.S. Case No. 154 of 2020 (Special Case No.142 of 2020) subject to the following conditions:
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the
Patna High Court CR. MISC. No.19772 of 2021(3) dt.18-11-2021 3/3
Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rajesh Kumar Verma, J)
braj/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with narcotics offences under the NDPS Act.
Sanjay Kumar
The State of Bihar
The Union of India
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
