Allowed

Pankaj Kumar v. the State of Bihar

Patna HC14 Dec 2022CR. MISC./26208/2022

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner, who was accused of growing and selling ganja. The court addressed doubts regarding the seizure list but fixed a monetary bond with sureties and a condition for physical presence.

What did the court decide?

Petitioner enlarged on bail by furnishing a bond of Rs. 20,000 with two sureties of like amount, on condition of physical presence before the court.

Pankaj Kumar 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.26208 of 2022

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Arising Out of PS. Case No.-17 Year-2022 Thana- AKBARPUR District- Nawada

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

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PANKAJ KUMAR Son of Late Ramlakhan Singh Resident of Village - Koyari Bigha, P.s.- Akabarpur, Distt.- Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Madhu Prasun For the Opposite Party/s : Mr.Anant Kumar 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 14-12-2022

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Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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Heard learned counsel for the petitioner and learned A.P.P for the State.

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The petitioner has preferred this application for grant of regular bail in a case registered under sections 8 (b) and 20 (a)(b) of the NDPS Act 1985.

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As per the prosecution case, the police received information that the petitioner along with the co-accused person grows ganja at his home and sells it. On search, ten green jattadar trees of ganja weighing 79.25 kgs were recovered from the parti land situated infront of the petitioner’s house and eight

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Patna High Court CR. MISC. No.26208 of 2022(3) dt.14-12-2022 2/3

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green jattadar trees weighing 70 kgs were recovered from the courtyard.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel further submitted that green trees of ganja with roots, seeds, leaves and stems were recovered, however, as per Section 2(b) of the NDPS Act, ganja is the flowering or fruiting tops of the cannabis plant. It has further been submitted that the whole seizure list is doubtful and the real quantity of ganja has not been mentioned. The other co-accused has already been granted bail by the Co-ordinate Bench vide order dated 0808-2022 passed in Cr. Misc. 18841 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.01.2022.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances of the case and the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Akbarpur P.S. Case No.

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Patna High Court CR. MISC. No.26208 of 2022(3) dt.14-12-2022 3/3

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17 of 2022, with a condition:-

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The petitioner is directed to remain physically

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present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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The application stands allowed.

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niku/-

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(Chandra Prakash Singh, J)

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U T

Pankaj Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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