The High Court of Patna granted regular bail to the petitioner in a case involving possession of ganja, noting the quantity was below the commercial limit defined under the NDPS Act, and release was warranted after eight months of custody.
Petitioner directed to be enlarged on bail by furnishing bond with sureties.
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.68426 of 2021
Arising Out of PS. Case No.-429 Year-2021 Thana- MAJHAULIA District- West Champaran
======================================================
VAKIL MAHTO @ WAKIL MAHTO Son of Late Saheb Mahto @ Jagarnath Mahto Resident of Village- Amwa Bairagi Tola Sanuwariya, P.S.- Majhaulia, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sachida Nand Rai, Adv. For the Opposite Party/s : Mr.Rita Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 06-05-2022
The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and the learned APP for the State, Ms. Rita Verma.
The petitioner seeks regular bail in connection with Majhaulia P.S. Case No. 429 of 2021, registered for the offence punishable under Sections 8, 20(b)(ii)(B) of the NDPS Act.
The allegation is regarding a raid having been conducted by the police at the house of the
Patna High Court CR. MISC. No.68426 of 2021(2) dt.06-05-2022 2/3
petitioner, whereupon 1 kg. 900 gram of ganja was recovered from the hay house of the petitioner.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 8.8.2021. The learned counsel for the petitioner has further submitted that although the petitioner is an accused in two other cases but he is on bail in the said two cases. It is also submitted that the quantity of ganja seized from the hay house of the petitioner is much less than the commercial quantity of ganja defined in the schedule notified under the provisions of the NDPS Act, 1985, hence, there is no impediment in grant of bail to the petitioner herein.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the
Patna High Court CR. MISC. No.68426 of 2021(2) dt.06-05-2022 3/3
petitioner and taking into account the materials available on record as also considering the fact that the quantity of ganja recovered from the hay house of the petitioner is much less than the commercial quantity defined in the schedule notified under the provisions of the NDPS Act, 1985, apart from the fact that the petitioner is languishing in custody since about eight months, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bettiah, District-West Champaran in connection with Majhaulia P.S. Case No. 429 of 2021.
(Mohit Kumar Shah, J)
Ajay/- U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner regarding possession of ganja below commercial quantity.
Whether the brief period of custody and furnishing of bond conditions warrant release on bail.
2 provisions across 1 enactments
VAKIL MAHTO @ WAKIL MAHTO
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
