The Patna High Court granted regular bail to the petitioner in an NDPS case involving the recovery of smack, directing furnishing of a bond and two sureties.
The petitioner directed to be enlarged on bail upon furnishing a bond of Rs. 10,000 and two sureties of the like amount.
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.23400 of 2023
Arising Out of PS. Case No.-1199 Year-2022 Thana- KHAJANCHI HAT District- Purnia
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KUNAL KUMAR @ KUNAL KUMAR PASWAN S/O Late Kishun Paswan R/O Naya Tola, Line Bazar, P.S- KHAT (Sahayak), District- Purnea, Pin Code- 854301
... ... Petitioner/s
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hare Ram Sah For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8(c), 21(b) of the N.D.P.S. Act.
As per prosecution case, there has been recovery of 7 gram smack like substance from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized smack like substance. He submitted that seized smack like substance does not come within the purview
Patna High Court CR. MISC. No.23400 of 2023(2) dt.22-05-2023 2/2
of commercial quantity as per N.D.P.S. Act. He is languishing in judicial custody since 11.11.2022.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Purnia in connection with Khajanchi Hat P.S. Case No. 1199 of 2022.
(Sunil Kumar Panwar, J)
arish/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a case involving recovery of narcotics.
1 provisions across 1 enactments
KUNAL KUMAR @ KUNAL KUMAR PASWAN
The State of Bihar
Union of India
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
