Single Judge order granting regular bail to the petitioner under the N.D.P.S. Act, holding that bail should be granted considering his lack of criminal antecedents and the grant of bail to the co-accused.
Petitioner enlarged on bail in connection with T.R. no.57 of 2020 on furnishing bail bond of Rs.10,000 with two sureties of the like amount each.
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.20619 of 2021
Arising Out of PS. Case No.-61 Year-2020 Thana- BHANGHA District- West Champaran
======================================================
BINJU PATWARI SON OF SHRI RAMAYAN PATWARI @ RAMNARAYAN PATWARI R/O - HARDIYA, P.S.- MANPUR, DISTRICTWEST CHAMPARAN.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 23-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant
of regular bail in a case registered under sections 20, 21, 23, 24 and 27 of the N.D.P.S. Act.
As per the prosecution case, the two accused persons i.e. the petitioner herein and Ram Pravesh Diswa are stated to have thrown their bag that they were carrying and made an attempt to escape but were caught. It is stated that on search, 10 kgs of ganja was recovered from the bag.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession.
Patna High Court CR. MISC. No.20619 of 2021(2) dt.23-09-2021 2/2
The allegations levelled in the F.I.R. are false and concocted. The petitioner has remained in custody since 27.9.2020 and has no criminal antecedent. Chargesheet has been submitted in the case. It is further submitted that co-accused Ram Pravesh Diswa has been enlarged on bail vide order dated 13.7.2021 passed in Cr. Misc. no.20342 of 2021 and pursuant to the direction contained in the said order, as now charge has been framed, he has been released from custody.
The application for bail is opposed by learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration grant of bail to co-accused, the petitioner not having any criminal antecedent and having remained in custody for about 1 year, the Court directs the petitioner to be enlarged on bail in connection with T.R. no.57 of 2020 (arising out of Bhangaha P.S. Case no.61 2020) 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 Sessions Judge III, West Champaran, Bettiah.
(Partha Sarthy, J)
Saurabh/- U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offenses under the N.D.P.S. Act, considering his antecedents and the grant of bail to the co-accused.
1 provisions across 1 enactments
Binju Patwari
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
