Allowed

Ashok Singh @ Bhola Singh v. The State of Bihar

Patna HC23 Jun 2022CR. MISC./6055/2022

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to two petitioners charged under the NDPS Act. Release was permitted on a bond of Rs. 10,000 with conditions, noting queries regarding procedural compliance under Section 50 and the actual small quantity of drugs.

What did the court decide?

Petitioners released on bail upon furnishing a bond of Rs. 10,000 each with two sureties of like amount, subject to specific conditions.

Ashok Singh @ Bhola Singh 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.6055 of 2022

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Arising Out of PS. Case No.-526 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua)

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====================================================== Ashok Singh @ Bhola Singh Son of Rangbahadur Singh @ Antu Singh Resident of Village - Kurai, P.s.- Mohania, Distt.- Kaimur at Bhabua.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7540 of 2022 Arising Out of PS. Case No.-526 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Pramod kumar singh son of shivparsan singh village kohari, p.s.- Bhabhua, district- kaimur

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... ... Opposite Party/s

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 6055 of 2022) For the Petitioner/s : Mr.Uday Pratap Singh For the Opposite Party/s : Mr.Bharat Lal (In CRIMINAL MISCELLANEOUS No. 7540 of 2022) For the Petitioner/s : Mr.Pawan Kumar Singh For the Opposite Party/s : Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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3 23-06-2022

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The learned counsel for the petitioners is directed to

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remove all the defects pointed out by the Stamp Reporter within one month.

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Heard leaned counsel for the petitioners and the learned APP for the State.

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Petitioners seek regular bail in a case registered for the offences punishable under Section 8(c)21(b)/27(A) of the NDPS Act.

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Allegedly from the possession of petitioner Ashok Singh @ Bhola Singh 5.710 gm narcotic substance purported to

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Patna High Court CR. MISC. No.6055 of 2022(3) dt.23-06-2022 2/3

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be heroin was recovered and the same quantity of said material was also recovered from the possession other petitioner namely Pramod Singh and both petitioners are alleged to be indulged in selling the said narcotic mentioned.

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The main submissions advanced by learned senior counsel appearing for both the petitioners are that there is no criminal antecedent against the petitioner Pramod Kumar Singh and against the petitioner Ashok Kumar @ Bhola Singh there is criminal antecedent of one case which was lodged under SC/ST Act in which the said petitioner is on bail and the places of recovery are stated to be public places but any independent person was not made witness of the alleged recovery and the mandatory provisions of search mentioned in Section 50 of NDPS Act were not complied with by searching party and both the petitioners are jail since 11.11.2021. Further submission is that the alleged recovered Narcotic material comes under the perview of more than small quantity but less than commercial quantity and in actual the same comes in small quantity as while weighing the said articles the rappers in which the articles were found were also weighted.

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Learned APP has opposed the prayer for bail.

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Having considered the above submissions as well as

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Patna High Court CR. MISC. No.6055 of 2022(3) dt.23-06-2022 3/3

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quantity of alleged narcotic substance which is less than commercial quantity and also considering petitioner’s custody period, let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned Court in connection with Mohania P.S. case No. 526 of 2021 on the following conditions:-

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(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

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(2) If the petitioners tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

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(3) One of the bailers shall be close relative of the petitioners who has sworn affidavit in the miscellaneous petition.

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(Shailendra Singh, J)

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siddharthkr/- U T

Ashok Singh @ Bhola Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Singh @ Bhola Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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