Petitioner challenged refusal of bail in a case involving alleged sale of Narcotics. Court directed release on bail for the specified amount with conditions regarding presence in court and antecedents.
Petitioner directed to be released on bail on furnishing a bond of Rs. 20,000 with two sureties of the like 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.6831 of 2023
Arising Out of PS. Case No.-450 Year-2022 Thana- GARDANIBAG District- Patna
======================================================
Vikash Kumar S/O Mahendra Ray R/V- Yogiyatoli (TOLA), P.S.Gardanibagh, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Pramod Kumar, Advocate For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 03-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.6831 of 2023(2) dt.03-05-2023 2/4
persons 5.88 gram of Brown Sugar was also recovered.
Patna High Court CR. MISC. No.6831 of 2023(2) dt.03-05-2023 3/4
submitting that the petitioner was caught red-handed selling Brown Sugar.
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
Patna High Court CR. MISC. No.6831 of 2023(2) dt.03-05-2023 4/4
(iv) If any criminal antecedent of the petitioner would be found, his bail bond will not be
accepted by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail under Section 37(2) of the NDPS Act considering the quantity of drugs recovered, non-compliance of Section 50, and the involved co-accused has been granted b
Whether the non-compliance of mandatory provisions such as Section 50 of the NDPS Act and Section 100(4) of Cr.P.C. disentitles the petitioner to bail.
Whether the quantum of Brown Sugar/Herion recovered (2.88 grams) from the petitioner attracts Section 22(b) of the NDPS Act or Section 22(a).
5 provisions across 2 enactments
Vikash Kumar
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
