Petitioner sought renewed bail in NDPS case involving 85.60 kg ganja recovery, alleging procedural violations under Sections 57 and 42. Court rejected prayer, holding no substantial change in circumstances due to serious allegations and large contraband quantity.
The petitioner's prayer for grant of bail is rejected.
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.77401 of 2023
Arising Out of PS. Case No.-170 Year-2021 Thana- DAGARUA District- Purnia
======================================================
Safikul Miyan, Son of Abu Bakar Sheikh, Resident of Village - Dakshin Pathkaoara, P.S.- Alipur Dawar, District - Alipur Dawar (W.B.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr.Manoj Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 24-11-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.77401 of 2023(2) dt.24-11-2023 2/2
possession of the petitioner. The petitioner is not the owner of the seized vehicle. There are procedural irregularities as there is no compliance of Section 57 of the NDPS Act. The recovered articles were not seized at the spot and there has been possibility of tempering. There is further violation of Section 42 of the NDPS Act.
rejected.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
2 issues framed by the court
Whether the prayer for grant of bail should be considered again given no substantial change of circumstances despite procedural irregularities in recovery
Whether bail should be granted considering the serious nature of the charges and the huge quantity of contraband recovered
6 provisions across 1 enactments
SAFIKUL MIYAN
THE STATE OF BIHAR
ARUN KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
