The High Court granted bail to the petitioner in a case involving possession of ganja under the NDPS Act and IPC, conditional on family surety and court appearances.
Bail granted on a bond of Rs. 15,000 with two sureties to satisfy the Special Judge, N.D.P.S.
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.59648 of 2021
Arising Out of PS. Case No.-31 Year-2021 Thana- BARAULI District- Gopalganj
======================================================
Mantu Kumar @ Mantu Sahani @ Mantu Kumar Sahani S/O Rajendra @ Rajendra Sahani, R/o village- Majuraha Malahi Tola, P.S.- Turkauliya, District- East Champarna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Adv. For the Opposite Party/s : Mrs. Rina Sinha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
Heard learned counsel for the parties through video conferencing.
The petitioner is in judicial custody in connection with Barauli P.S. Case No.31 of 2021 (Trial No.8 of 2021) under Section 414 of the Indian Penal Code and 8(c), 20(b)(II)(B) of the NDPS Act.
Allegation amongst other the petitioner is that when he was nabbed, from his bag 500 gms. of Ganja was recovered. His other associate was Chandan Sahni from whose bag 600 gms. of Ganja was recovered.
Learned counsel for the petitioner has provided a copy of the order dated 04.01.2022 in Cr. Misc. No.31525 of 2021 by which a co-ordinate bench of this Court has granted bail to the second accused, Chandan Sahni. The same is kept on record.
Patna High Court CR. MISC. No.59648 of 2021(2) dt.15-04-2022 2/3
Taking into account the aforesaid facts as also that he is in jail since 31.01.2021, let the petitioner be released on bail on furnishing bail bond of Rs.15,000/-(fifteen thousand) with two sureties of the like amount each in connection with Barauli P.S. Case No.31 of 2021 (Trial No.8 of 2021) to the satisfaction of learned First Additional Sessions Judge-cum-Special Judge, N.D.P.S., Gopalganj , subject to following conditions:
(i) the Trial court shall satisfy itself on the criminal antecedents of the petitioner prior to his release on bail;
(ii) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence;
(iv) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall take steps for cancellation of his bail bonds.
Patna High Court CR. MISC. No.59648 of 2021(2) dt.15-04-2022 3/3
With the aforesaid observation the bail application is
allowed.
(Rajiv Roy, J)
Prakash Narayan /- U T
1 issue framed by the court
Whether the petitioner seeking bail in a narcotic drugs case under Section 414 IPC and NDPS Act should be released on bail.
2 provisions across 2 enactments
Mantu Kumar @ Mantu Sahani @ Mantu Kumar Sahani
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
