In this criminal miscellaneous matter, the Patna High Court granted regular bail to the petitioner in a case under section 21(b) of the NDPS Act. The court directed the petitioner's release upon furnishing a bail bond and two sureties.
Directed release of the petitioner on bail by furnishing a bond of Rs. 10,000/- with two sureties of similar 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.5164 of 2023
Arising Out of PS. Case No.-108 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai
======================================================
Md. Harun S/O Late Ibrahim Resident Of Village- Gulzar Pokhar, Near Bisahari Asthan, Ward No- 13, P.S.- Kotwali (Munger), District- Munger.
... ... Petitioner/s
Versus
2 07-04-2023
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar For the Opposite Party/s : Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
... ... Opposite Party/s
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 21(b) of NDPS Act.
As per prosecution case, informant alleged after hearing hulla he along with police party reached at the place and apprehended all accused person including this petitioner and from his possession total 6000/- cash and one jio mobile recovered and from other accused persons total 12 Etivan Tablets of 02 mg recovered.
Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.5164 of 2023(2) dt.07-04-2023 2/2
falsely been implicated in this case. Petitioner has no concern with the other co-accused persons or with the alleged occurrence. It is further submitted that he was going to Gaya at the date of occurrence and all of a sudden he was arrested by the police but nothing incriminating article has been recovered from his possession. He is languishing in judicial custody since 20.09.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rail Kiul P.S. Case No. 108 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Lakhisarai.
(Sunil Kumar Panwar, J)
Manish/-
U T
2 issues framed by the court
Whether the petitioner qualifies for regular bail in a case under section 21(b) of the NDPS Act.
Whether the petitioner should be released on bail upon furnishing a bond and sureties.
1 provisions across 1 enactments
Md. Harun
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
