High Court allowed regular bail to the petitioner in an NDPS offence case involving ganja possession, directing him to furnish a bail bond of Rs.20,000 with two sureties.
Petitioner enlarged on bail on furnishing a bond of Rs.20,000 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.42852 of 2023
Arising Out of PS. Case No.-88 Year-2022 Thana- BHANGHA District- West Champaran
======================================================
OMPRAKASH TIWARI SON OF LATE VISHWANATH TIWARI RESIDENT OF VILLAGE - KHAIRATIYA (CHAWANI), P.S. - MANUWAPUR, BETTIAH, DISTRICT - WEST CHAMPARAN, BIHAR841503
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vishal Prasad, Adv. Mr. Kumar Balkrishna, Adv. For the Opposite Party/s : Mr.Navin Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 21-07-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for grant of regular bail in connection with Bhangha P.S. Case No. 88 of 2022 dated 25.12.2022 registered for the offence punishable u/s 20, 22, 23, 24, 27 of the NDPS Act.
As per the prosecution case, 3.3 kgs of Ganja is alleged to have recovered from the possession of the petitioner.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.42852 of 2023(2) dt.21-07-2023 2/2
the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The seized quantity is not the commercial quantity. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.12.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bhangha P.S. Case No. 88 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
Ajay Singh/-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail in the NDPS offence case?
Ompakash Tiwari
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
