The High Court of Patna granted bail to the accused in a case alleging possession of narcotics and firearms. The court adopted a lenient approach considering the small quantity of contraband recovered from the petitioner's possession.
Petitioner released on bail by furnishing 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.7156 of 2023
Arising Out of PS. Case No.-866 Year-2022 Thana- DANAPUR District- Patna
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UTKARSH KUMAR S/o Amarnath Mahto R/o Village- Sultanpur Keyari Tola (Koyari Tola), P.S.- Danapur, Distt- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr.Harendra Prasad, App
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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
Petitioner seeks regular bail in connection with Danapur P.S. Case No. 866 of 2022 dated 20.08.2022 registered for the offence(s) punishable under Section(s) 399, 402, 201 and 120(B) of the Indian Penal Code, Sections 25(1-b)a, 26/35 of Arms Act and Section 21(a) of N.D.P.S. Act.
As per the prosecution, police personnel on secret information raided the alleged hotel and apprehended this petitioner with other accused persons and upon search, recovered 1.11 gram of contraband suspected to be ‘Brown Sugar’ from the possession of this petitioner. Further it is alleged that a country-made pistol with a live cartridge and some contrabands were also recovered from the possession of other accused persons.
The main submissions advanced by the learned
Patna High Court CR. MISC. No.7156 of 2023(2) dt.10-04-2023 2/2
counsel for the petitioner are that as per the seizure list attached to the FIR, only 1.11 gram narcotic material suspected to be ‘Brown Sugar’ is alleged to have been recovered from the possession of this petitioner and the said contraband comes in the purview of small quantity and against the petitioner, there is criminal antecedent of one case which was lodged under the offences of Arms Act in which the petitioner is on bail and in the present matter, the petitioner has been languishing in jail since 20.08.2022.
Learned APP appearing for the State has opposed the bail prayer.
In view of the facts, as stated above, and mainly the quantity of the alleged contraband, which is said to have been recovered from the possession of this petitioner, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Danapur P.S. Case No. 866 of 2022.
(Shailendra Singh, J)
Sanjay/- U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving small quantity of narcotics and criminal antecedents under the NDPS Act.
3 provisions across 3 enactments
Utkarsh Kumar
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
