Allowed¶19

Bablu Kumar Yadav v. The State of Bihar

Patna HC4 Mar 2024CR. MISC./11874/2024

Case brief

AI extract

What is this about?

Keywords: N.D.P.S. Act bail; Sections 8(c), 20(b)(ii)(B), 22, 23 NDPS; Section 37 NDPS commercial quantity threshold; Sections 42, 50 NDPS compliance; ganja recovery; Kochadhaman P.S. Case No. 244 of 2023; Kishanganj; Patna High Court Criminal Miscellaneous No.11874 of 2024; Rudra Prakash Mishra, J.; bail granted 04-03-2024; custody since 15.10.2023; charge-sheet submitted; bail bonds Rs.10,000/- with two like sureties; Bablu Kumar Yadav.

What did the court decide?

Release of the petitioner on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Kochadhaman P.S. case No. 244 of 2023. ¶19

Bablu Kumar Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, implicated in Kochadhaman P.S. Case No. 244 of 2023 for offences under Sections 8(c), 20(b)(ii)(B), 22 and 23 of the N.D.P.S. Act, should be released on bail. +2 more

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Court's answer

Considering the facts and circumstances of the case, the petitioner's clean antecedent, the period of custody undergone by him, and that the recovered contraband is below the commercial quantity, this Court inclined to grant bail to the petitioner.

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Ratio / Principle

The petitioner is to be released on bail upon furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Kochadhaman P.S. case No. 244 of 2023.

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Detailed headnote1 paragraphs

BAIL - N.D.P.S. ACT - CONTRABAND BELOW COMMERCIAL QUANTITY. Patna High Court, Criminal Miscellaneous No.11874 of 2024, oral order dt. 04-03-2024 (Rudra Prakash Mishra, J.): bail application allowed for Bablu Kumar Yadav, accused in Kochadhaman P.S. Case No. 244 of 2023 (District Kishanganj) instituted under Sections 8(c), 20(b)(ii)(B), 22 and 23 of the N.D.P.S. Act. Prosecution alleged recovery of '7.010' ganja (figure as printed; unit not stated) from the petitioner in a black colour bag. Defence counsel urged that the quantity being below commercial quantity renders Section 37 inapplicable, and questioned compliance with Sections 42 and 50 (compliance point not adjudicated). Granting bail on account of the petitioner's clean antecedent, custody since 15.10.2023 (charge-sheet filed), period of custody undergone, and the recovered contraband being below the commercial quantity, the Court ordered release on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court below.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11874 of 2024

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Arising Out of PS. Case No.-244 Year-2023 Thana- KOCHADHAMAN District- Kishanganj

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

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Bablu Kumar Yadav S/o Bhuvneshwar Yadav R/o vill - Champapur, P.S. - Nawhatta, Distt. - Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kamlesh Kumar Pathak, Advocate For the Opposite Party/s : Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 04-03-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in Kochadhaman P.S. case No. 244 of 2023 instituted for the offences under Sections 8(c), 20(b)(ii)(B), 22 and 23 of the N.D.P.S. Act.

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Prosecution allegation, in short, is that the 7.010 ganja was recovered from the petitioner in a black colour bag.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner is in custody since 15.10.2023 and has got no criminal antecedent. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with

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Patna High Court CR. MISC. No.11874 of 2024(2) dt.04-03-2024 2/2

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the alleged recovery of contraband. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner, the period of custody undergone by the petitioner and the recovered contraband is below the commercial quantity, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kochadhaman P.S. case No. 244 of 2023.

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(Rudra Prakash Mishra, J)

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Pankaj/-

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U T

Bablu Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bablu Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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