High Court allowed bail to the petitioner in an NDPS case pending investigation, directing him to remove office defects within one month.
Released on bail after removing office defects within four weeks on bonds of Rs. 10,000 with two 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.12945 of 2022
Arising Out of PS. Case No.-150 Year-2021 Thana- KARJA District- Muzaffarpur
======================================================
KAMLESH KUMAR THAKUR Son of Haridwar Thakur @Haridwar Prasad Thakur Resident of Village- Rasulpur, P.S.- Karja, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh Ms. Divya Bharti For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
5 17-01-2023
The learned counsel for the petitioner is directed to
remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Karja P.S. Case No. 150 of 2021, registered for the offences punishable under Sections 8, 20(b), (ii), (a) of the N.D.P.S. Act.
The learned counsel for the petitioner has submitted that 1.262 kgs of Charas is alleged to be recovered from the motorcycle of the son of the petitioner. The petitioner has no concern with the alleged contraband. The FIR shows itself that it was recovered from the motorcycle of his son. The petitioner is
Patna High Court CR. MISC. No.12945 of 2022(5) dt.17-01-2023 2/2
a person of clean antecedent.
On the other hand, the learned APP has opposed the prayer for bail.
Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Muzaffarpur in connection with Karja P.S. Case No. 150 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
Nirmal/Kundan U
1 issue framed by the court
Whether the petitioner be granted bail in the case pending investigations under the N.D.P.S. Act.
1 provisions across 1 enactments
Kamlesh Kumar Thakur
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
