The High Court at Patna refused regular bail to the petitioner in a case involving NDPS and Arms Act offences. The court held that recovery of commercial quantity charas and the petitioner's criminal antecedents warranted refusal.
Prayer for regular bail was refused. Petitioner remains in custody.
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.37446 of 2020
Arising Out of PS. Case No.-220 Year-2020 Thana- HAJIPUR District- Vaishali
======================================================
Chitranjan Chaurasiya @ Chitranjan Kumar Son Of Sangam Lal Chaurasiya Resident Of Village - Jadhua Barai Tola, P.S.- Adhogik Kshtra (Industrial Area), District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Bela Singh, Advocate For the Opposite Party/s : Mr.P Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 16-03-2021 Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail in Hajipur Nagar Police Station Case No. 220 of 2020 registered for the offences punishable under section 20 and other allied sections of the NDPS Act and 25(1-A), 25(1-b)A, 26 of the Arms Act .
As per the prosecution case, 1.50 kilograms of Charas was recovered from a polythene bag which was thrown by the petitioner on seeing police party. Police however nabbed him on chase. On his disclosure, a magazine with two live cartridges was recovered from the house of Late Santosh Kumar.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the
Patna High Court CR. MISC. No.37446 of 2020(3) dt.16-03-2021 2/2
conscious possession of the petitioner. Provisions of search and seizure has not been followed. Petitioner is in custody since
5.3.2020.
Learned counsel for the State opposes the prayer for bail and submits that more than commercial quantity of Charas has been recovered from the possession of the petitioner. Petitioner has got criminal antecedent as he is accused in four other criminal cases as stated in paragraph 3 of the bail petition.
Considering the facts and circumstances of the case and the fact that more than commercial quantity of Charas has been recovered from the possession of the petitioner and he is having criminal antecedent as he is accused in four other criminal cases, his prayer for bail is refused.
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving narcotics and possession of arms given recovery of commercial quantity and criminal antecedents.
2 provisions across 2 enactments
Chitranjan Chaurasiya @ Chitranjan Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
