Patna High Court granted regular bail to the petitioner in an NDPS case under sections 8C and 21B, directing him to furnish a bail bond of Rs.20,000 with two sureties within four weeks.
Petitioner enlarged on bail by furnishing a bond of Rs.20,000 with two sureties of the 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.32437 of 2022
Arising Out of PS. Case No.-323 Year-2021 Thana- BIKRAM District- Patna
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UPENDRA KUMAR Son of Gopal Rai R/v- Jagdeo Path, Lohiya Path, P.S.Hawai Adda, Distt.- Patna.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar Sinha For the Opposite Party/s : Mr.Md. Shakir Ahmad ====================================================== 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 section 8C and 21B of the N.D.P.S Act.
As per the prosecution case, 70 puriyas of smack weighing 38 grams were recovered from the possession of the five persons, namely, Upendra Kumar( petitioner) Rohan Kumar, Rahul Yadav, Chintu Yadav and Sahil Raj who were apprehended by the police while they were coming by a Tempo. Out of 70 pudiyas, 15 puriyas of smack weighing about 8 grams
Patna High Court CR. MISC. No.32437 of 2022(2) dt.26-09-2022 2/2
were recovered from the possession of the petitioner.
Learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by this Court vide order dated 25.08.2022 passed in Criminal Misc. No. 25396 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.12.2021.
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, Patna in connection with Bikram P.S. Case No. 323 of 2021.
The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail in the present narcotic drugs case.
Upendra Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
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