In a criminal miscellaneous application, the High Court of Patna granted bail to the petitioner in a narcotics case where the FIR was lodged by the police inspector. The petitioner furnished bail bonds under Section 437(3) Cr.P.C.
Petitioner granted bail on furnishing bonds of Rs. 20,000 with two sureties of 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.12934 of 2022
Arising Out of PS. Case No.-171 Year-2021 Thana- BRAHMPURA District- Muzaffarpur
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Suresh Kumar Gupta @ Suresh Kumar Son of Late Yogendra Sah Resident of Village- Kalyanpur Harrouna, P.S.- Motipur, District- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar, Advocate. For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 08-07-2022
Heard learned counsel for the petitioner and nobody appears for the State.
The petitioner seeks regular bail in connection with Brahampura P.S. Case No. 171 of 2021 lodged under Section 414 of Indian Penal Code read with Section 8/20/2022 of the N.D.P.S. Act.
As per the prosecution story, the informant Police Inspector himself lodged the F.I.R. and alleged that near the bridge over of Chandani Chauk one motorcycle near Bairia Golambar skids, due to which two persons sitting in the bike fell down. The driver of the motorcycle fled away but the two persons were surrendered by the Police. Out of two, one was the petitioner and another was Dinesh Sahni. From the possession of the petitioner one Mobile was recovered whereas from the
Patna High Court CR. MISC. No.12934 of 2022(2) dt.08-07-2022 2/2
possession of Dinesh Sahni one K.G. Charas was recovered. They have also disclosed the name of the bike driver.
Learned counsel for the petitioner submits that from the possession of the petitioner only white old mobile was recovered. Petitioner is in custody since 30.06.2021. Charge sheet has already been filed in this case and petitioner having clean antecedent.
In the present facts and circumstances of this case, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Muzaffarpur in connection with Brahampura P.S. Case No. 171 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
Accordingly, the bail application stands allowed.
(Dr. Anshuman, J.)
ritik/-
U T
2 issues framed by the court
Whether the petitioner is eligible to be granted bail in connection with the N.D.P.S. case.
What conditions must be satisfied for the grant of bail in this case.
3 provisions across 3 enactments
Suresh Kumar Gupta
The State of Bihar
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
