In an NDPS case involving recovery of ganja, the court granted regular bail to the petitioner who had no criminal antecedents, noting that a similarly situated co-accused had already been granted bail by a coordinate bench.
The petitioner was released on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4019 of 2021
Arising Out of PS. Case No.-416 Year-2020 Thana- AHIYAPUR District- Muzaffarpur
======================================================
MANOHAR KUMAR, SON OF SANTOSH KUMAR SINGH RESIDENT OF VILLAGE- MATIHANI, P.S.- AURAI, DISTRICT- MUZAFFARPUR
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raju Kumar Goswami, Advocate For the Opposite Party/s : Mr. A.L. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-03-2021
Heard Mr. Raju Kumar Goswami, learned Counsel for
the petitioner and Mr. A. L. Pandit, learned Additional Public Prosecutor for the State.
This application, for grant of regular bail, arises out of N.D.P.S. Case No.33/2020 arising out of Ahiyapur Police Station Case No. 416 of 2020, disclosing offences under Section 20 and 22 of the N.D.P.S. Act.
The allegation, as per the First Information Report is that the police recovered 500 gram Ganja from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case and the quantity of Ganja recovered from the possession of the petitioner is less than small quantity. Learned counsel next submits that another co-accused, Ajit
Patna High Court CR. MISC. No.4019 of 2021(2) dt.22-03-2021 2/2
Kumar, who was apprehended along with the petitioner on the date of occurrence and 500 gram Ganja was also recovered from his possession, have been granted bail by a coordinated Bench of this court in Cr. Misc. No.37587 of 2020. Learned counsel further submits that petitioner is in custody since 14.05.2020.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner has got no criminal antecedent and he is in custody since 14.05.2020 and similarly situated accused person has been granted bail by a Coordinate Bench of this court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, Manohar Kumar, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 8th Addl. Sessions Judge, Muzaffarpur, in connection with N.D.P.S. Case No.33/2020, arising out of Ahiyapur Police Station Case No. 416 of 2020,.
It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
2 issues framed by the court
Whether regular bail should be granted to the petitioner in an NDPS case involving small quantity of ganja recovery.
Whether the petitioner, having no criminal antecedents and being in custody since 14.05.2020, deserves bail considering a similarly situated co-accused was already granted bail.
Manohar Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
