The Patna High Court granted bail to the petitioner in a case involving possession of a country-made pistol and ganja, noting the contraband was recovered from a co-accused and the petitioner has clean antecedents.
Petitioner directed to be released on bail on furnishing a bond of Rs.10,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39592 of 2022
Arising Out of PS. Case No.-549 Year-2021 Thana- PARBATTA District- Khagaria
======================================================
Raushan Kumar Son of Prakash Yadav R/O Village- Taufir Diara, P.S.Mufassil, Distt.- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Kamlesh Kumar Pathak, Advocate For the Opposite Party/s : Mr.Madan Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 14-10-2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Parbatta (Maraiya) P.S. Case No. 549 of 2021 registered for the offence under Sections 20 and 22 of the N.D.P.S. Act and under Section 25(1-b)a, 26 and 35 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 17.12.2021.
The allegation against the petitioner is to have in possession of one country made pistol and also 100 gm. of contraband i.e. ‘Ganja’, along with other co-accused persons.
Patna High Court CR. MISC. No.39592 of 2022(2) dt.14-10-2022 2/3
Learned counsel appearing on behalf of the petitioner submitted that country made pistol and ganja were recovered from possession of one co-accused, namely, Jicchu Yadav @ Jitendra Yadav, who has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 36063 of 2022 vide order dated 20.09.2022. It is submitted that no Ganja, as alleged, was recovered from the conscious physical possession of this petitioner, who is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as recovery of pistol and ganja, which is smaller quantity, were made from co-accused, not from this petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Parbatta (Maraiya) P.S. Case No. 549 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions
Patna High Court CR. MISC. No.39592 of 2022(2) dt.14-10-2022 3/3
Judge-III-cum-Special Judge (N.D.P.S. Act), Khagaria/concerned court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
R.S.Sen/- U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the Narcotic Drugs and Psychotropic Substances Act case and Arms Act case given that the contraband was recovered from a co-accused and the investigation
1 provisions across 1 enactments
Raushan Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
