Allowed bail for the petitioner after framing of charges in a narcotics case, directing surrender of security bond with two sureties.
Enlarged on bail after framing of charge on furnishing bail-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.35501 of 2022
Arising Out of PS. Case No.-198 Year-2021 Thana- AMBA District- Aurangabad
======================================================
RANJAN KUMAR GUPTA SON OF LATE BABULAL PRASAD GUPTA RESIDENT OF VILLAGE- MAHARAJGANJ, P.S.- KUTUMBA, DISTRICT- AURANGABAD
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravi Shankar Singh For the Opposite Party/s : Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 28-09-2022
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 u/s 8, 20(b)(ii)(B) and 25 of the N.D.P.S. Act.
As per the prosecution case, the petitioner and coaccused tried to flee away but they were arrested. On search, five kgs Ganja was recovered from the bag of the petitioner namely Ranjan Kumar Gupta and five kgs Ganja was also recovered from the bag of the co-accused.
Patna High Court CR. MISC. No.35501 of 2022(2) dt.28-09-2022 2/2
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to local politics. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.11.2021.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that five kgs Ganja was recovered from the possession of the petitioner which is more than small quantity but less than commercial quantity.
Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail after framing of charge 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, Aurangabad in connection with Amba P. S. Case No. 198 of 2021.
(Chandra Prakash Singh, J)
shobhakri/- U T
2 issues framed by the court
Whether bail should be granted to the accused in a narcotics case pending framing of charges.
Whether the quantity of contraband recovered necessitates denial of bail.
1 provisions across 1 enactments
Ranjan Kumar Gupta
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
