This order grants regular bail to the petitioner in a narcotics case involving the recovery of ganja plants from his house, directing him to furnish a bail bond with two sureties.
Petitioner enlarged on bail on furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26234 of 2022
Arising Out of PS. Case No.-259 Year-2021 Thana- NARHATT District- Nawada
======================================================
Ashok Singh @ Ashok Kumar @ Pappu Singh Son Of Late Ram Chandra Singh R/O Village- Khanwa, P.S.- Narhat, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar For the Opposite Party/s : Mr.Anil Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
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 under sections 8(b) and 20(a) (1) of the N.D.P.S Act.
As per the prosecution case, on information, the police searched the house of the petitioner and four big ganja plants and five small ganja plants were recovered from the courtyard of the house of the petitioner.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.26234 of 2022(2) dt.09-11-2022 2/3
the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The ganja plants recovered from the courtyard of the petitioner’s house weigh total 5 kgs which are not commercial quantity. Learned Counsel has further submitted that the quantity of the flowering or fruiting tops of the cannabis plant, which is defined as ganja under Section 2(iii)(c) of the NDPS Act, has not been given in the seizure list. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2022.
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, Nawada in connection with Narhat P.S. Case No. 259 of 2021.
The application stands allowed.
(Chandra Prakash Singh, J)
niku/-
U T
Patna High Court CR. MISC. No.26234 of 2022(2) dt.09-11-2022 3/3
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving cultivation and possession of ganja plants under the NDPS Act.
1 provisions across 1 enactments
Ashok Singh @ Ashok Kumar @ Pappu Singh
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
