This order grants regular bail to the petitioner in an NDPS case involving recovery of heroin. The court considered the lack of trial progress, the quantity of drugs, and the petitioner's clean criminal record.
Regular bail granted on furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
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.3170 of 2022
Arising Out of PS. Case No.-52 Year-2020 Thana- MURAR District- Buxar
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DHIRENDRA SINGH @ DULDUL SINGH @ BIRENDRA SINGH SON OF NARENDRA SINGH @ PANDIT SINGH R/O VILLAGE- ADHWARI PATTI, CHOUNGAI, P.S.- MURAR, DISTRICT- BUXAR
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikram Deo Singh, Adv Mr. Shankar Kumar, Adv. For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 09-02-2022
Heard Mr. Vikram Deo Singh, learned counsel for
the petitioner and Mr. Ram Anurag Singh, learned APP for the State via video conferencing.
Petitioner has renewed his prayer for bail inasmuch as earlier bail application of the petitioner was rejected by this Court on 09.03.2021 in Cr. Misc. No. 40342/2020 giving him liberty to renew his prayer for bail after nine months if the trial does not show any progress.
The allegation as per the First Information Report is that 7 Grams 600 Mg of Heroine has, allegedly, been recovered from the pocket of the petitioner.
Learned counsel for the petitioner submits that while rejecting the prayer for bail of the petitioner, this Court had
Patna High Court CR. MISC. No.3170 of 2022(2) dt.09-02-2022 2/3
granted liberty to the petitioner to renew his prayer for bail after nine months if the trial does not show any progress. He next submits that since last rejection of bail application of the petitioner, no witness has been examined. Charge has been framed on 04.09.2021 and the petitioner is in custody since 10.07.2020 having no criminal antecedent and the quantity of Heroine recovered is slightly more than small quantity and less than commercial quantity.
Regards being had to the submissions made by the parties and taking into consideration the fact that the quantity of Heroine recovered is slightly more than small quantity and less than commercial quantity and the petitioner is in custody since 10.07.2020 having no criminal antecedent and the trial has not made any substantial progress, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, namely, DHIRENDRA SINGH @ DULDUL SINGH @ BIRENDRA SINGH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-cum-Special JudgeVIII, Buxar in connection with NDPS Case No. 17/2020 arising out of Murar PS Case No. 52/2020 subject to the condition that
Patna High Court CR. MISC. No.3170 of 2022(2) dt.09-02-2022 3/3
petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
(Anil Kumar Sinha, J)
perwez
U T
3 issues framed by the court
Whether regular bail should be granted to the petitioner in an NDPS case where no substantial trial progress has been made.
Whether the quantity of heroin recovered falls within the small or commercial category for bail considerations.
Whether the rights of an accused under Article 21 of the Constitution warrant bail in these circumstances.
Dhirendra Singh @ Duldul Singh @ Birendra Singh
State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
