The High Court at Patna granted bail to the petitioner in a narcotics case pending since August 2022. Bail provisionally Rs. 10,000 with two sureties was ordered to the Special Excise Judge.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties to the Sessions Judge-cum-Special Judge, Excise.
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.59507 of 2022
Arising Out of PS. Case No.-241 Year-2022 Thana- ADAPUR District- East Champaran
======================================================
Chhathu Sah S/O Late Ram Ekbal Prasad Resident Of Village- Sirisiya Mad P.S.- Nakardei District- East Champaran
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhannjay Kumar No 2 For the Opposite Party/s : Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 03-02-2023
learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 21(b) of the N.D.P.S. Act.
There is recovery of 101 illegal intoxicant tablets and 9 bottle(100 ml each) of intoxicant syrup from the house of the petitioner.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely
been implicated in this case. There is no recovery from
the conscious possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.59507 of 2022(2) dt.03-02-2023 2/2
has no concern with the recovery of the medicines. The medicines who is shown in the seizure list is not banned
by the government or W.H.O. The petitioner is languishing in custody since 11.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, Excise, East Champaran at Motihari in connection with N.D.P.S. Case No. 69 of 2022, arising out of Adapur (Nakerdei) No. 241 of 2022.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a narcotics case after languishing in custody since August 11, 2022.
Chhathu Sah
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
