The Patna High Court granted regular bail to the petitioner in an N.D.P.S. Act case involving recovery of narcotics, subject to furnishing a bail bond of Rs. 20,000 with two sureties and correcting procedural defects.
Petitioner enlarged on bail by furnishing Rs. 20,000 bond 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.26214 of 2022
Arising Out of PS. Case No.-136 Year-2022 Thana- KUCHAIKOTE District- Gopalganj
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RAMAYAN KUSHWAHA S/o Chhathu Prasad R/o village- Paharpur Dayal, P.S.- Kuchaikote, District- Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 09-11-2022
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.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered u/s 21(b) of the N.D.P.S. Act.
As per the prosecution case, 88 puriyas of smack like substance was recovered from the pocket of the co-accused and 4 puriyas was recovered from the pocket of the petitioner, total weighing 51.30 gms.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.26214 of 2022(2) dt.09-11-2022 2/2
case. The petitioner has clean antecedent as stated in para 3 of the bail petition. It is further submitted that the recovered four puriyas of Ganja is of small quantity. The petitioner is in custody since 28.03.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the petitioner above-named, 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, Gopalganj in connection with Kuchaikote P.S. Case No. 136 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
shobhakri/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with possession of narcotics?
1 provisions across 1 enactments
Ramayan Kushwaha
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
