Allowed

Gautam Ram v. The State of Bihar

Patna HC3 Feb 2023CR. MISC./59514/2022

Case brief

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What is this about?

Patna High Court granted bail to a petitioner charged under the N.D.P.S. Act for possessing 6.13 grams of smack. The court considered the below-commercial quantity and the detention period when granting bail for a period of one year with sureties.

What did the court decide?

The petitioner is released on bail by furnishing bonds of Rs. 10,000/- with two sureties of the like amount each.

Gautam Ram Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59514 of 2022

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Arising Out of PS. Case No.-648 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj

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======================================================

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Gautam Ram S/O Shiw Pujan Ram @ Shivpujan Ram Resident Of MohallaPurani Chowk, Ward No.- 19, P.S.- District- Gopalganj

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... ... Petitioner/s

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Versus

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The State of Bihar

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Union Of India through the Director, Narcotics Control Bureau New Delhi

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Setu Prateek For the Opposite Party/s : Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

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ORAL ORDER

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2 03-02-2023

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Heard learned counsel for the petitioner and

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learned A.P.P appearing on behalf of the State.

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The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8(C ), 21(a)(b) of the N.D.P.S. Act.

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There is recovery of 6.13 grams of brown colour smack like substance from the possession of the petitioner.

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It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

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been implicated in this case. Moreover the recovered

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Patna High Court CR. MISC. No.59514 of 2022(2) dt.03-02-2023 2/2

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contraband is much below the commercial quantity, hence, the rigours of Section 37 of the N.D.P.S Act would not be attracted against the petitioner. The petitioner is languishing in custody since 18.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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Considering the quantity of the recovered contraband 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 District & Sessions Judge, Gopalganj in connection with Trial No. 54 of 2022, arising out of Gopalganj (Town) P.S. Case No. 648 of 2022.

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(Sunil Kumar Panwar, J)

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Shageer/-

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U T

Gautam Ram v. The State of Bihar

Case brief

What is this about?

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Gautam Ram v. The State of Bihar

Case brief

What is this about?

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