The High Court of Patna granted bail to the petitioner in an N.D.P.S. case involving recovery of Ganja. The court considered the petitioner's fair antecedents, custody period, and the nature of the offence while framing bail conditions.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of the like amount each.
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.39426 of 2022
Arising Out of PS. Case No.-63 Year-2022 Thana- CHHAURADANO District- East
Champaran
======================================================
RAVINDRA KUMAR S/o Jang Bahadur Shah R/o village- Katkenwa, P.S.Mahuawa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Krishna Kant Singh, Advocate For the Opposite Party/s : Ms. Rina Sinha, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
4 16-02-2023
Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with N.D.P.S. Case No.17/2022 arising out of Chhauradano (Mahuawa) P.S. Case No. 63/2022 registered for the offence punishable under Section 20(b)(ii)(b) of the N.D.P.S. Act.
As per the prosecution, the informant who is the Assistant Commandant, SSB alleged that acting upon a secret information, he apprehended this petitioner from whose
Patna High Court CR. MISC. No.39426 of 2022(4) dt.16-02-2023 2/2
possession 13.5 kg of narcotic material suspected to be “Ganja” was recovered.
The main submissions advanced by the learned counsel Mr. Krishna Kant Singh for the petitioner are that the petitioner has been languishing in jail for last one year having fair and clean antecedent and the instant matter relates to recovery of intermediate quantity of the said contraband and most of the witnesses are official witnesses.
Learned APP Ms. Rina Sinha appearing for the State has opposed the bail prayer.
Having considered the above submissions as well as the petitioner’s custody period and his fair and clean antecedent, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with N.D.P.S. Case No.17/2022 arising out of Chhauradano (Mahuawa) P.S. Case No. 63/2022.
(Shailendra Singh, J)
Sanjay/-
U T
2 issues framed by the court
Whether the petitioner is eligible to be released on bail in an N.D.P.S. case involving intermediate quantity of contraband with fair antecedents.
What the appropriate bail conditions should be to release the petitioner.
Colour shows how this judgement treated each authority
nullReferred
1 provisions across 1 enactments
Ravindra Kumar
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
