Single-judge oral order granting bail to the petitioner in a narcotics and arms recovery case, setting a bond and conditions regarding cooperation and verification of antecedents.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of same amount on standard conditions.
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.23374 of 2022
Arising Out of PS. Case No.-316 Year-2021 Thana- MALSALAMI District- Patna
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Chhotu Sahni @ Ghogha S/o Late Shankar Shahni Resident at Village - Sawarchak Hata (Patna City), P.S. - Malsalami, District - Patna.
... ... Petitioner/s
Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-09-2022
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioner seeks bail in connection with Special Case No. 94 of 2021 arising out of Malsalami P.S. Case No. 316 of 2021 registered for the offences punishable under Sections 25 (1-b)a/26/35 of the Arms Act and 8/20(b)(ii)(B) of the N.D.P.S. Act.
The case relates to recovery of one loaded countrymade pistol, one Vivo mobile phone and 1.5 Kg Ganja, one steel knife and Rs. 500/- from possession of the petitioner.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has
Patna High Court CR. MISC. No.23374 of 2022(3) dt.22-09-2022 2/3
falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that one loaded country-made pistol, one Vivo mobile phone and 1.5 Kg Gana, one steel knife and Rs. 500 has been recovered from possession of the petitioner. He further submits that there is noncompliance of Section 50 of N.D.P.S. Act and the recovered contraband is less than the commercial quantity so there is no embargo of Section 37 of N.D.P.S. Act to enlarge the petitioner on bail and the Police after investigation, submitted the charge sheet against the petitioner on 18.09.2021 and the petitioner is in judicial custody since 08.08.2021.
The learned Additional Public Prosecutor opposed the prayer for bail and submits that the petitioner carries one more case other than the present one.
Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court of Special Judge NDPS cum Sessions Judge-XVI, Patna in connection with Special Case No. 94 of 2021 arising out of Malsalami P.S. Case No. 316 of 2021, subject to the following conditions:-
Patna High Court CR. MISC. No.23374 of 2022(3) dt.22-09-2022 3/3
(Rajesh Kumar Verma, J)
vanisha/-
U
2 issues framed by the court
Whether the petitioner is entitled to bail in a case under the Arms Act and N.D.P.S. Act involving recovery of contraband.
Whether the non-compliance of Section 50 of the N.D.P.S. Act warrants release on bail.
2 provisions across 2 enactments
Chhotu Sahni @ Ghogha
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
