The High Court of Patna granted bail to the petitioner charged under Sections 414 IPC and NDPS Act for possession of narcotic drugs, imposing conditions regarding trial cooperation and antecedent verification.
Petitioner released on bail bond of Rs.25,000 with two sureties of Rs.25,000 each upon strict conditions.
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.3694 of 2022
Arising Out of PS. Case No.-625 Year-2021 Thana- ALAMGANJ District- Patna
======================================================
AYUSH KUMAR @ ANURAG KUMAR Son of Uday Tiwari Resident of Village and Post- Kudarkat, P.S.- Chhauradano, District- East Champaran (Motihari)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dharmendra Kumar Singh,Adv For the Opposite Party/s : Mr.Zainul Abedin, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 25-07-2022
Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 414 of the IPC and Sections 20/22 of NDPS Act.
Recovery is of 23 Grams of Smack.
Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the FIR as well as seizure list that altogether 23
Patna High Court CR. MISC. No.3694 of 2022(3) dt.25-07-2022 2/3
Grams of smack has been recovered from possession of the petitioner. He further submits that there is non-compliance of Section 50 of the NDPS Act. He further submits that the recovered Smacks is less than the commercial quantity and Section 37 of the NDPS Act has not come on the way to enlarge the petitioner on bail. He further submits that the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 18.09.2021.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Alamganj P.S. Case No.625 of 2021, with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.3694 of 2022(3) dt.25-07-2022 3/3
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
3 issues framed by the court
Whether regular bail should be granted to the petitioner charged with doping and possession of smuggled drugs.
Whether failure to comply with Section 50 of the NDPS Act warrants bail on this charge.
Whether the recovered quantity being less than commercial quantity precludes bail under Section 37 of the NDPS Act.
5 provisions across 2 enactments
Ayush Kumar @ Anurag Kumar
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
