The High Court of Patna rejected a bail application filed by a driver accused of driving a vehicle carrying 46 kg of ganja under the NDPS Act. The court refused bail due to the commercial quantity involved and the petitioner's criminal antecedent, deeming it not a fit case for bail.
Prayer for regular bail was 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.16044 of 2024
Arising Out of PS. Case No.-1098 Year-2023 Thana- TURKAULIYA District- East
Champaran
====================================================== Azad Hussain SON OF ROZ MIYAN R/O VILLAGE- SHIWAGHAT TEGRQAHIYA, P.S.- GOPALPUR, DIST.- WEST CHAMPARAN,
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mohit Shriwastava For the Opposite Party/s : Mr.J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER
3 25-07-2024
Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.16044 of 2024(3) dt.25-07-2024 2/2
petitioner is the driver of the vehicle. On search, 5 bundles ganja weighing 46 kgs kept in three bags of the cloths has been recovered from the said vehicle.
(Nawneet Kumar Pandey, J)
Nirmal/- U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in connection with offences punishable under Sections 20(b)(ii)(C), 23 and 25 of the NDPS Act, 1985.
Whether the presence of a criminal antecedent and commercial quantity of ganja precludes the grant of bail.
1 provisions across 1 enactments
AZAD HUSSAIN
THE STATE OF BIHAR
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
