Allowed the petitioner's application for regular bail in a case involving charges under the NDPS Act, directing the petitioner to be enlarged upon furnishing a bail bond with two sureties.
Ordered the petitioner to be enlarged on bail on furnishing a bail 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.4416 of 2023
Arising Out of PS. Case No.-782 Year-2022 Thana- SONEPUR District- Saran
======================================================
RAJ NARAYAN RAI S/o Late Rajendra Rai R/o Village- Sabalpur Chaharam, P.S.- Sonepur, Distt- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Ashok Kumar Mishra For the Opposite Party/s : Mr.Shailendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 20-06-2023
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 20 and 21 of the N.D.P.S. Act.
As per prosecution case, on secret information received, police party raided the shop of the petitioner, on search there has been recovery of 7 gram Smack like substance from the pocket 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. He submitted that seized smack like substance does not come within the purview of commercial
Patna High Court CR. MISC. No.4416 of 2023(3) dt.20-06-2023 2/2
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 13.10.2022.
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 Sessions Judge, Saran at Chapra in connection with Sonepur P.S. Case No. 782 of 2022.
(Sunil Kumar Panwar, J)
arish/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving charges under Sections 20 and 21 of the NDPS Act regarding a recovery of smokable substance.
2 provisions across 1 enactments
Raj Narayan Rai
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
