Allowed

Kamakhya Giri v. the State of Bihar

Patna HC12 Apr 2022CR. MISC./41076/2021

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act, the Patna High Court directed the petitioner's enlargement on bail with a bond of Rs. 10,000 and two sureties after observing that the alleged seizure quantity was below commercial limits and he was in custody for over a year.

What did the court decide?

Petitioner directed to be enlarged on bail with bond of Rs. 10,000 and two sureties of like amount each.

Kamakhya Giri Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41076 of 2021

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Arising Out of PS. Case No.-237 Year-2020 Thana- HASPURA District- Aurangabad

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======================================================

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KAMAKHYA GIRI S/O LATE INDRADEO GIRI R/O VILLAGESHANKARPUR, P.S- HASPURA, DISTRICT-AURANGABAD.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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7 12-04-2022 Heard learned counsel for the parties.

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The petitioner has preferred this application for grant

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of regular bail in a case registered under sections 8 (5D) and 20(b) of the NDPS Act.

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As per the prosecution case, 3.3 kgs of ganja, Rs. 14430/- besides other article were recovered from the house of the petitioner and the petitioner was taken into custody.

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It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He is in custody sine 13.12.2020 and charge sheet has been submitted.

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Heard learned APP for the State.

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Having heard learned counsel for the parties and taking into consideration the facts of the case, the quantity of the

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Patna High Court CR. MISC. No.41076 of 2021(7) dt.12-04-2022 2/2

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alleged seizure being below the commercial quantity and the petitioner having remained in custody for more than 1 year 3 months, the Court directs the petitioner to be enlarged on bail in connection with Haspura P.S. Case no. 237 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Addl. District and Sessions Judge-cum-Special Judge (NDPS), Aurangabad, District Aurangabad.

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(Partha Sarthy, J)

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Prakash/-

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Kamakhya Giri v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Kamakhya Giri v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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