A vacation of criminal miscellaneous petition wherein the Patna High Court granted bail to a petitioner suffering from hemophilia accused under the NDPS Act, noting the recovery was from another person's house.
Petitioner directed to be released on bail by furnishing bonds of Rs 5,000 with two sureties of like amount to the Sessions Judge, Vaishali.
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.36056 of 2021
Arising Out of PS. Case No.-116 Year-2021 Thana- HAJIPUR SADAR District- Vaishali
======================================================
ANKUR KUMAR Son of Rajendra Prasad Singh @ Harendra Pd. Singh Resident of Village - Bithauli, P.O.- Bithauli, P.S.- Bhagwanpur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar Soni For the Opposite Party/s : Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 04-01-2022
The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Present case has been taken up on mentioning made by learned counsel for the petitioner on the ground that petitioner in jail is suffering from hemophilia.
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in connection with Hajipur Sadar P.S. Case no. 116 of 2021 registered for the offence punishable under sections 8/20(b)(ii)(B), 25 and 29 of the NDPS Act.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.36056 of 2021(2) dt.04-01-2022 2/2
petitioner is in custody since 8.2.2021, is person with clean antecedent and charge sheet has been submitted and the informant in the FIR alleges that on secret information he raided the house of Vijay Kumar from where 3.7 kg of ganja was recovered and the petitioner was found sitting in the house of Vijay Kumar. Learned counsel submits that admittedly, recovery is not from conscious possession of this petitioner, he was found sitting in the house of Vijay Kumar, further it is submitted that Vijay Kumar has been granted bail vide order dated 13.12.2021 in Cr. Misc. no. 31034/2021.
Learned APP opposes the prayer for bail.
Considering the facts that petitioner is in jail custody, charge sheet has been submitted and is a person with clean antecedent and recovery of ganja was made from the house of Vijay Kumar, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Vaishali at Hajipur in Hajipur Sadar P.S. Case no. 116 of 2021.
(Satyavrat Verma, J)
s.hassan/-
U
1 issue framed by the court
Whether the petitioner should be granted bail given his medical condition of hemophilia and lack of conscious possession regarding the recovery.
1 provisions across 1 enactments
Ankur Kumar
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
