Allowed

Shakeel Jat @ Shekeel Jat @ Md. Sakeel Jat v. The State of Bihar

Patna HC16 Feb 2024CR. APP (SJ)/445/2024

Case brief

AI extract

What is this about?

The High Court allowed an appeal challenging a bail rejection order under the Juvenile Justice Act and NDPS Act. Considering the quantum of ganja recovery and custody period, the court set aside the lower court's order and released the appellant on bail with specific conditions.

What did the court decide?

Impugned order setting aside order dated 14.12.2023 releasing appellant on bail with two sureties of Rs. 10,000/- each, subject to conditions of not leaving India and staying at specified address.

Shakeel Jat @ Shekeel Jat @ Md. Sakeel Jat Vs… — Child Custody and Guardianship | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.445 of 2024

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Arising Out of PS. Case No.-85 Year-2023 Thana- NARPATGANJ District- Araria

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

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Shakeel Jat @ Shekeel Jat @ Md. Sakeel Jat, S/O Satar Jat, resident of village-Harinagar Ghushki, Ward No.7, P.S - Ghuski, Dist. Sunsari (Nepal) Under Guardianship of Mother Namely Saifora Khatun, Female, Age 43 Years D/O Saidur Rahman, W/O Satar Jat.

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... ... Appellant

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Versus The State of Bihar ... ... Respondent ====================================================== Appearance : For the Appellant : Mr. Vijay Kishore Bharti, Advocate For the State : Mr. Anand Mohan Prasad Mehta, APP

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

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 16-02-2024

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Heard learned counsel for the parties.

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2 . This appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 has been filed challenging the order dated 14.12.2023 passed by the learned 1^st Additional Sessions Judge-cum-Special Judge, Araria, in connection with Special (Child) Case No. 09 of 2023, arising out of Narpatganj (Churna) P.S. Case No. 85 of 2023 registered under Section 20(b)(ii)(B) of the NDPS Act, whereby the prayer of the petitioner for grant of bail has been rejected.

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3 . Earlier, the petitioner had moved before this Court for grant of regular bail in Criminal Miscellaneous No.28996 of 2023, which was rejected vide order dated 24.05.2023.

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4. In the instant case, there is recovery of 3.8 Kgs of ganja from the petitioner. He is in custody since 16.02.2023.

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Patna High Court CR. APP (SJ) No.445 of 2024(2) dt.16-02-2024 2/2

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5. Considering the quantum of recovery as well as the period of custody of the petitioner, this appeal is allowed. Accordingly, the impugned order dated 14.12.2023 passed by the learned 1^st Additional Sessions Judge-cum-Special Judge, Araria, in connection with Special (Child) Case No.09 of 2023, arising out of Narpatganj (Churna) P.S. Case No. 85 of 2023 is hereby set aside.

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6 . Let the petitioner, above named, 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 learned 1^st Additional Sessions Judge-cum-Special Judge, Araria, in connection with Special (Child) Case No.09 of 2023, arising out of Narpatganj (Churna) P.S. Case No. 85 of 202, subject to the following conditions that (i) one of the bailors shall be Md. Mukhtar, who is maternal uncle of the petitioner; (ii) the petitioner will not leave India during the pendency of the trial and (iii) the petitioner will stay at the address of his Mama i.e. resident of village - Kochgama Bhagwanpur, P.S. - Birnagar, District- Supaul.

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(Sandeep Kumar, J)

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pawan/-

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U T

Shakeel Jat @ Shekeel Jat @ Md. Sakeel Jat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shakeel Jat @ Shekeel Jat @ Md. Sakeel Jat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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