Bail petition in a narcotics case was dismissed on merits. Judge observed they were not inclined to grant bail due to quantity recovered and criminal antecedents, suggesting release only after charge framing.
Bail declined; release on bail ordered by trial court after framing of charge.
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.132 of 2022
Arising Out of PS. Case No.-290 Year-2021 Thana- SHASTRINAGAR District- Patna
======================================================
Banti Kumar @ Ghanti @ Bantee Kumar @ Ghanti Kumar Son of Late Govind Sah Resident of Mohalla- Salimpur Ahra Daldali Road, Near Ruban Hospital, Police Station- Gandhi Maidan, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Raj Krishan Jha For the Opposite Party/s : Mr.Chandra Bhushan Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 10-03-2022 Heard learned counsel for the parties.
The petitioner seeks bail in Special Case No. 87 of 2021, arising out of Shastri Nagar P.S. Case No. 290 of 2021, registered for the offence under Sections 8/20 (b)(ii) (B)/25/29 of the N.D.P.S. Act.
As per prosecution case, 4 Kg. 280 gm. of Ganja has been recovered from a car, of which, this petitioner was one of the occupant.
It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. Petitioner is neither owner nor driver of the said car. Mandatory provision with regard to search and seizure has not been followed. The alleged recovered Ganja is less than commercial quantity and
Patna High Court CR. MISC. No.132 of 2022(2) dt.10-03-2022 2/2
as such, rigors of Section 37 of the N.D.P.S. Act would not be attracted. Petitioner is in custody since 29.07.2021. Investigation is complete.
However, learned A.P.P. for the State has opposed the bail petition and submitted that in this case, more than small quantity of Ganja has been recovered from a car, in which, this petitioner was travelling and petitioner has got criminal antecedent also.
Considering the rival submissions of the parties and the quantity of alleged Ganja , I am not inclined to grant bail to the petitioner.
However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on the condition that he will cooperate in disposal of trial and appear before the trial court, as and when required.
With above observation, the petition stands disposed
of.
(Prabhat Kumar Singh, J)
anay/-
U T
2 issues framed by the court
Whether bail should be granted in a narcotic offense where the petitioner was an occupant but not owner or driver of the vehicle from which drugs were recovered.
Whether rigors of Section 37 of the N.D.P.S. Act are attracted when the recovered quantity is allegedly less than commercial quantity.
1 provisions across 1 enactments
Banti 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
