Satrughan Kumar Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Satrughan Kumar Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail after framing of charge (if not already framed) 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 Ladaniya P.S. case No. 49 of 2023.

Issue for consideration

Whether the petitioner should be released on bail in connection with G.R. No. 13 of 2023 / Ladaniya P.S. Case No. 49 of 2023 instituted for offences under Sections 20/22 of the N.D.P.S. Act.

Court's answer

Bail granted to the petitioner having regard to the facts and circumstances of the case, his clean antecedents, and the period of custody undergone.

Ratio / Principle

Operative direction: petitioner to be released on bail after framing of charge (if not already framed) 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, in connection with Ladaniya P.S. case No. 49 of 2023.

Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J.), by order dated 28-02-2024 in Criminal Miscellaneous No. 12137 of 2024, allowed the petitioner's bail application in G.R. No. 13 of 2023 arising out of Ladaniya P.S. Case No. 49 of 2023 (District Madhubani), instituted under Sections 20/22 of the N.D.P.S. Act, wherein 10.5 kg of ganja was allegedly recovered from a motorcycle. Granting bail, the Court rested its decision on the facts and circumstances, the petitioner's clean antecedents and the period of custody undergone (in custody since 01.12.2023), directing release after framing of charge, if not already framed, on bail bonds of Rs.10,000/- with two sureties of the like amount each. Contentions of counsel that the recovered contraband was below commercial quantity (so Section 37 N.D.P.S. Act was inapplicable) and that Sections 42 and 50 of the N.D.P.S. Act were not complied with were recorded as submissions and were not independently adjudicated in the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12137 of 2024

Arising Out of PS. Case No.-49 Year-2023 Thana- LADANIA District- Madhubani

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

Satrughan Kumar Yadav Son of Rajeshwar Yadav Resident of VillageDonwari, Police Station- Ladaniya, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ashok Mishra, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 28-02-2024

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

The petitioner seeks bail in connection with G.R. No. 13 of 2023 arising out of Ladaniya P.S. case No. 49 of 2023 instituted for the offences under Sections 20/22 of the N.D.P.S. Act.

Prosecution case, in short, is that total 10.5 kg ganja has been recovered in this case from a motorcycle.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 01.12.2023 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.12137 of 2024(2) dt.28-02-2024 2/2

petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the motorcycle from which the recovery has been made. Learned counsel further submitted that nothing has been recovered from the motorcycle of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act.

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

Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail, after framing of charge, if not already framed 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 Ladaniya P.S. case No. 49 of 2023.

(Rudra Prakash Mishra, J)

Alok Verma/- U T