Allowed

Ashok Ram @ Bala Ram v. The State of Bihar

Patna HC23 Aug 2022CR. MISC./27380/2022

Case brief

AI extract

What is this about?

The Court granted bail to the petitioner in an NDPS possession case, noting that nothing was recovered from his conscious possession and only his father's confession implicated him. Bail was allowed on Rs. 20,000 with sureties and specific conditions.

What did the court decide?

Petitioner granted bail on Rs. 20,000 with two sureties, subject to conditions including monthly police presence for one year and failure to appear barring bail cancellation.

Ashok Ram @ Bala Ram 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.27380 of 2022

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Arising Out of PS. Case No.-90 Year-2022 Thana- RAMGARH District- Kaimur (Bhabua)

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

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ASHOK RAM @ BALA RAM S/o Ram Prasad Ram Resident of VillageDewahalia, Police Station, Ramgarh, District- Kaimur (Bhabua)

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... ... Petitioner

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Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr.Suman Kumari Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 23-08-2022

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Heard learned counsel for the petitioner and the learned APP for the State.

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Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course.

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The petitioner is in judicial custody in connection with Ramgarh P.S. Case No.90 of 2022 instituted under Sections 8(C), 20 (b) (ii) c, 27(A) of the NDPS Act.

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As per the allegation in the FIR, the police got information about the selling of the ‘Ganja’ from the house of Ram Prasad Ram. Upon the said information, the police party went to the house of the said Ram Prasad Ram where two persons tried to escape, were apprehended, the petitioner was one of them. The other person was Ram Prasad Ram. Subsequently, the house was searched and it is alleged that 72

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Patna High Court CR. MISC. No.27380 of 2022(2) dt.23-08-2022 2/3

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Kg. of ‘Ganja’ was recovered/seized.

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Learned counsel for the petitioner submits that only because he is son of accused Ram Prasad Ram, he has been implicated in the case and the alleged recovery of 72 Kg. of ‘Ganja’ from the house of his father, Ram Prasad Ram cannot be attributed to him. He further submits that nothing has been recovered from his conscious possession and only on the basis of confessional statement of accused/father before the police, his name has come up. He further submits that he has clean antecedent and is in custody since 17.03.2022. He reiterates that the house belongs to the petitioner’s father who is already in custody.

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Considering the fact that the recovery/seizure has been made from the house of Ram Prasad Ram, the petitioner is the son of the accused Ram Prasad Ram and nothing has been recovered from his conscious possession, he do not have criminal antecedent, charge-sheet stands submitted and is in custody since 17.03.2022, this Court is inclined to grant him privilege of bail. However, if it is found that he do have criminal antecedent, this bail order shall become infructuous.

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Let the petitioner be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two

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Patna High Court CR. MISC. No.27380 of 2022(2) dt.23-08-2022 3/3

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sureties of the like amount each in connection with Ramgarh P.S. Case No.90 of 2022 to the satisfaction of learned Sessions Judge-cum-Special Judge, Kaimur, at Bhabua, subject to following conditions:

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(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

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(iii) the petitioner shall appear before the concerned police station every month for one year to mark his presence;

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(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

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With the aforesaid observations, the bail application is allowed.

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(Rajiv Roy, J)

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Ravi/-

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U T

Ashok Ram @ Bala Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Ram @ Bala Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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