In an NDPS Act case involving 2.6 kgs of ganja, the Hon'ble High Court of Judicature at Patna granted regular bail to the petitioner, Sanjay Yadav, noting his lack of criminal antecedents and ten months of custody.
Directive to enlarge the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of the like 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.25159 of 2021
Arising Out of PS. Case No.-13 Year-2021 Thana- LADANIA District- Madhubani
======================================================
SANJAY YADAV SON OF SURESH YADAV VILLAGE LADANIA, P.S. LADANIA, DISTRICT MADHUBANI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Ms. Miss Kusum Rani, Advocate For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 16-12-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant
of regular bail in a case registered under sections 22 and 23 of the NDPS Act.
As per the prosecution case, 2.6 kgs of ganja is stated to have been recovered behind the hospital and the petitioner and other accused persons who were standing nearby were taken into custody.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. The petitioner is in custody since 22.1.2021 and charge sheet has been submitted in the case. He has no criminal antecedent.
Patna High Court CR. MISC. No.25159 of 2021(3) dt.16-12-2021 2/2
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, petitioner not having any criminal antecedent and having remained in custody for 10 months, the Court directs the petitioner to be enlarged on bail in connection with Ladaniya P.S. Case no. 13 of 2021 (corresponding to G.R. no. 2 of 2021, N.D.P.S Case no. 2 of 2021) 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 District and Sessions Judge, Madhubani.
(Partha Sarthy, J)
Prakash/-
U
2 issues framed by the court
Whether the petitioner is eligible for regular bail given his no criminal antecedent and ten months custody duration?
What are the conditions for granting bail under sections 22 and 23 of the NDPS Act in this case?
1 provisions across 1 enactments
Sanjay Yadav
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
