Allowed

Nitish Kumar v. The State of Bihar

Patna HC5 Jul 2022CR. MISC./9683/2022

Case brief

AI extract

What is this about?

In an NDPS case involving the alleged recovery of less than 40 grams of smack, the Patna High Court granted bail to the petitioner. Considering the quantity was below the commercial threshold and the petitioner had no criminal antecedents, the Court ordered release on bail with conditions.

What did the court decide?

Release of the petitioner on bail by furnishing surety bonds of Rs. 25,000/- with two sureties of similar amount.

Nitish Kumar 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.9683 of 2022

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Arising Out of PS. Case No.-591 Year-2021 Thana- AHIYAPUR District- Muzaffarpur

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

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Nitish Kumar S/O Binda Singh R/O Village- Patedhi Khurd, P.S.- Belsar O.P. (VAISHALI), District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Kumar, Adv. For the Opposite Party/s : Mr. Rabindra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 05-07-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with N.D.P.S. Case No. 123/2021 arising out of Ahiyapur P.S. Case No. 591/2021 registered for the offences punishable under Sections 8, 20 (b) (ii) of N.D.P.S. Act.

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As per prosecution case, there is alleged recovery of total 40 gm. smacks like substance from the possession of the petitioner and the petitioner and others were apprehended from the spot.

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Learned counsel for the petitioner submits that admittedly smacks in 81 folded paper was recovered. The

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Patna High Court CR. MISC. No.9683 of 2022(2) dt.05-07-2022 2/3

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weight was taken without separating weight of paper. Though the smacks must be less than 40 gm. As per notification of Section 2 of the N.D.P.S. Act, 1985, commercial quantity of smacks/heroine is 250 gm. as alleged recovery is less than commercial quantity. There is recovery of less than 40 gm smacks from the possession of the petitioner. The petitioner is languishing in custody since 05.09.2021 and bears no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both the counsels, charge sheet has already been submitted and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (NDPS) cum 8^th Additional Sessions Judge, Muzaffarpur in connection with N.D.P.S. Case No. 123/2021 arising out of

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Patna High Court CR. MISC. No.9683 of 2022(2) dt.05-07-2022 3/3

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Ahiyapur P.S. Case No. 591/2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers 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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(Alok Kumar Pandey, J)

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amitkumar/-

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U T

Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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