Allowed

Munna Prasad @ Muna Prasad v. The State of Bihar

Patna HC27 Jul 2022CR. MISC./12097/2022

Case brief

AI extract

What is this about?

This bail petition in a drug possession case was allowed by the Patna High Court. The court granted bail noting that the seized quantity was less than commercial amount, the seizure list was unsupported by independent witnesses, and procedural provisions under the N.D.P.S. Act were not complied with.

What did the court decide?

Release of petitioner on bail on furnishing a bond of Rs.10,000 with two sureties of similar amount and subject to specific court conditions.

Munna Prasad @ Muna Prasad Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12097 of 2022

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Arising Out of PS. Case No.-762 Year-2021 Thana- GOPALGANJ TOWN District-

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Gopalganj

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======================================================

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MUNNA PRASAD @ MUNA PRASAD Son of - Krishnaji Prasad Resident of Village - Hajiyapur Khad, Ward No. 16, Police Station - Nagar Gopalganj, District - Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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3 27-07-2022

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Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioner seeks bail in connection with Gopalganj P.S. Case No. 762 of 2021 registered for the offence under Sections 8(c)/21(a)(b) of N.D.P.S Act.

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The accused/petitioner is named in the F.I.R. and is in custody since 18.10.2021.

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The allegation against the petitioner is to have in possession of smack like substance of total weight 17.72 gm. wrapped in paper..

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Learned counsel appearing on behalf of the petitioner

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Patna High Court CR. MISC. No.12097 of 2022(3) dt.27-07-2022 2/3

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submitted that recovered amount of smack like substance is much less than commercial quantity, which has been recovered from the bag which not belongs to petitioner. It has been submitted that seizure list is not supported by independent witnesses and it appears that it is in violation of Section 100 of the Cr.P.C. It has further been submitted that provision as regard to search upon the person as provisioned under Section 50 of N.D.P.S. Act was also not complied with. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent, moreover, investigation has been completed in this case, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

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Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery is from the bag, where the quantity is 17.72 gm. as per seizure list.

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Considering the facts and circumstances as mentioned above, as seizure list is disputed, where recovery cannot be gathered from the physical possession of the petitioner coupled with the fact that quantity recovered is less than commercial quantity, where charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Gopalganj P.S. Case No. 762 of 2021 on

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Patna High Court CR. MISC. No.12097 of 2022(3) dt.27-07-2022 3/3

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furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gopalganj/concerned court, subject to the following conditions:

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“(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

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(ii) That one of the bailors shall be Krishnaji Prasad who is the father of the petitioner and deponent of the present bail petition.”

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(Chandra Shekhar Jha, J)

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R.S.Sen/-

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U T

Munna Prasad @ Muna Prasad v. The State of Bihar

Case brief

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Munna Prasad @ Muna Prasad v. The State of Bihar

Case brief

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