Oral order granting regular bail to Umesh Baitha in a narcotics case under the NDPS Act. The court directed him to execute a bail bond with two sureties regarding the seizure of Ganja.
Enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the Satisfaction of the Additional District and Sessions Judge-III.
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.3938 of 2023
Arising Out of PS. Case No.-91 Year-2022 Thana- SAHODARA District- West Champaran
======================================================
UMESH BAITHA S/o Bira Baitha @ Bir Baitha R/o Village- Dhaminaha, P.S.- Sathi, Distt- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Dilip Kumar No. 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 02-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20 (b)(ii)(b), 8/20(b) (ii)(c) of the N.D.P.S. Act.
As per prosecution case, on secret information received that two persons are coming with Ganja from Nepal to India. Police party reached at that place and, on search there has been recovery of 5 Kg Ganja, which was kept in a bag and a motorcycle from 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 Ganja . He submitted that seized Ganja
Patna High Court CR. MISC. No.3938 of 2023(2) dt.02-05-2023 2/2
like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.07.2022. 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 Additional District and Sessions Judge-III, Bettiah, West Champaran in connection with Sahodara P.S. Case No. 91 of 2022.
(Sunil Kumar Panwar, J)
arish/-
U
1 issue framed by the court
Whether the petitioner satisfies the conditions for regular bail under the NDPS Act given the allegation of falsification and lack of criminal antecedents.
1 provisions across 1 enactments
Umesh Baitha
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
