The Patna High Court granted bail to the petitioner in a narcotics and arms case. The court considered the submission of the charge sheet, the petitioner's clean antecedents, and custodial period while releasing him on bail with conditions.
Release on bail in connection with N.D.P.S Case No. 88 of 2022 on furnishing a bond of Rs. 20,000 with two sureties.
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.39048 of 2022
Arising Out of PS. Case No.-64 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Brajesh Kumar, Son of kishun Rai, Resident of Village- Muja Bangra,P.s.Deoriya, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Mithlesh Kumar Khare, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
3 16-12-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State through virtual court proceeding.
Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with N.D.P.S Case No. 88 of 2022 arising out of Sahebganj P.S. Case No. 64 of 2022 registered for the alleged offences under Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.
As per prosecution case, police received secret information about suspicious activities of two miscreants. A raid was conducted and the petitioner and co-accused Srikant Kumar were apprehended. From the possession of this petitioner, one
Patna High Court CR. MISC. No.39048 of 2022(3) dt.16-12-2022 2/3
loaded country made katta with one live cartridge of .315 bore were recovered. Recovery of 2 KG of ganja and one live cartridge were made from the possession of the co-accused.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The alleged recovery is planted and nothing incriminating has been recovered from the conscious possession of this petitioner. The petitioner has no concern with the co-accused or with the articles recovered. The investigation against the petitioner is complete and charge sheet has been submitted in this case. The petitioner is in custody since 28.02.2022. The petitioner has got clean antecedent.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that recovery of loaded katta was made from this petitioner.
Having regard to the facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet along with period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned special Judge, N.D.P.S.,
Patna High Court CR. MISC. No.39048 of 2022(3) dt.16-12-2022 3/3
Muzaffarpur in connection with N.D.P.S Case No. 88 of 2022 arising out of Sahebganj P.S. Case No. 64 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
Gautam/daya
U T
2 issues framed by the court
Whether the petitioner should be released on bail after the charge sheet was submitted and considering his clean antecedents in a narcotics case.
Whether the recovery of arms and narcotics from the petitioner's possession affects the bail application.
3 provisions across 3 enactments
Brajesh Kumar
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
