This order denies bail to the petitioner in an NDPS case where 7.750 KG of Ganja was recovered. The court declined bail due to the quantity involved but allowed renewal after six months if trial is incomplete.
Bail prayer rejected; liberty to renew after six months if trial pending.
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.3178 of 2022
Arising Out of PS. Case No.-573 Year-2021 Thana- KANTI District- Muzaffarpur
======================================================
Narad Sahani @ Narad Sahni, Son of Tufani Sahani @ Jay Prakash Sahni Resident of Village - Imadpur (Wrongly Mentioned as imayatpur in the FIR), P.S.- Bhagwanpur, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 06-06-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today.
In the present case, the petitioner seeks bail in connection with N.D.P.S. Case No.128 of 2021 arising out of Kanti P.S. Case No. 573 of 2021 registered for the alleged offences under Sections 08/20 (b) (ii) B of the NDPS Act.
Allegedly the petitioner has been apprehended with two bags of Ganja weighing 7.750 KG from a public place.
It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the present case and the witnesses of the seizure list are Home-
Patna High Court CR. MISC. No.3178 of 2022(2) dt.06-06-2022 2/2
Guards, though a number of public persons were present at the spot. The charge sheet has already been submitted in the case. The petitioner is in custody since 09.09.2021 and he is having clean antecedent.
Having regard to the facts and circumstances and considering the recovery of more than 7 KG of Ganja from the possession of the petitioner, I am not inclined to enlarge the petitioner on bail at this stage.
Accordingly, his prayer for grant of bail is rejected.
However, if the trial is not concluded within six months, the petitioner will be at liberty to renew his prayer for bail.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a drug trafficking case involving recovery of 7.750 KG of Ganja.
If bail is denied, under what conditions can it be renewed later.
1 provisions across 1 enactments
Narad Sahani @ Narad Sahni
The State of Bihar
ARUN KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
