The Patna High Court was faced with an application for regular bail regarding possession of narcotics. The Court accepted the petitioner's bail prayer and ordered his release upon furnishing a bond with sureties.
Petitioner was directed to be enlarged on bail on furnishing a bond 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.2222 of 2023
Arising Out of PS. Case No.-289 Year-2022 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Bikki Kumar @ Vikki Kumar Son Of Ramai Ram @ Dipak Ram Resident Of Village- Jagdamba Nagar, Bairiya Bus Stand, P.S.- Ahiyapur, DistrictMuzaffarpur
... ... Petitioner/s
Versus
| The State Of Bihar =================== |
... ... Opposite Party/s =================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s : For the Opposite Party/s : =================== |
Mr. Pranav Kumar Mr.Rajeev Ranjan No.Ii Ms. Anjana Gupta Ms. Kumari Rupa Mr.Zainul Abedin =================================== |
| CORAM: HONOURABL | E MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER |
2 03-04-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Ahiyapur P.S. Case No. 289 of 2022 registered under sections 8(c) and 21(a) of the N.D.P.S. Act.
Prosecution case relates to recovery of nine grams of smack like narcotics substance from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is
Patna High Court CR. MISC. No.2222 of 2023(2) dt.03-04-2023 2/2
further submitted that he has no concern with the alleged recovery of smack like substance and the same is much lesser than commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 15.04.2022.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ahiyapur P.S. Case No. 289 of 2022 on furnishing bail bond of Rs. 10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Muzaffarpur.
(Sunil Kumar Panwar, J)
subham/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in connection with charges of possession of smack under the N.D.P.S. Act.
What quantity of narcotics justifies denial of bail versus a commercial quantity offence.
2 provisions across 1 enactments
Bikki Kumar @ Vikki Kumar
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
