Chandan Kumar@ Chandan Ray v. The State of Bihar
Case brief
What is this about?
In a bail application under the NDPS Act involving a commercial quantity of ganja, the Single Judge lifted the prohibition under Section 37 based on specific circumstances. The petitioner, who was only the driver, sought release pending trial.
What did the court decide?
Petitioner released on bail on furnishing bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of Additional Sessions Judge XXIV, Patna, subject to specific conditions.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 5476 of 2022
Arising Out of PS. Case No.-358 Year-2019 Thana- MALSALAMI District- Patna
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CHANDAN KUMAR@ CHANDAN RAY Son of Sant Lal Ray Resident of Village - Bundeltoli, Nawab Ganj, P.s.- Malsalami, Distt.- Patna.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr Nityanand Kumar, Advocate For the Opposite Party/s : Mr Md Nazir Ansari, APP ======================================================
CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER
5 23-03-2022
Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP ) appearing for the State of Bihar.
The petitioner seeks bail in Malsalami Police Station (for brevity, PS ) Case No 358 of 2019 (Special Case No 117 of 2019) instituted for the offence punishable under Sections 20, 21, 22 of Narcotic Drugs and Psychotropic Substances (for brevity, NDPS ) Act.
Issues for consideration
3 issues framed by the court
Whether the bar under Section 37(1)(b) of the NDPS Act preventing bail in cases involving commercial quantity is lifted when the petitioner was merely the driver and not in control of the contraband.
Whether reasonable grounds have been made out to believe the petitioner may not be guilty despite the commercial quantity recovered.
Whether bail conditions and sureties are appropriate given the petitioner has no criminal antecedent.
Parties & counsel
- petitioner
Chandan Kumar @ Chandan Ray
- respondent
The State of Bihar
Coram
Madhuresh Prasad
Case details
As recorded by the court registry
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