High Court granted bail to petitioner in NRCDP.S. Act case involving 20 kgs Ganja recovery. Court allowed bail on Rs. 20,000 bond with two sureties subject to custody conditions.
petitioner enlarged on bail on Rs. 20,000 bond with two sureties of like amount; directed to remain present in court.
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.17405 of 2024
Arising Out of PS. Case No.-298 Year-2023 Thana- RAIL JHAJHA District- Jamui
======================================================
Muluk Raj Gond @ Mukul Raj Gond, Male, aged about 49 years, Son of Jamuna Gond, R/O-Karja, P.O.-Umrawgang, P.S.-Behia, Distt.-Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Pankaj Sinha, Advocate For the Opposite Party : Mrs. Sharda Kumari, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 25-06-2024
This matter has been listed under the heading “For Orders (on office notes)”.
Patna High Court CR. MISC. No.17405 of 2024(3) dt.25-06-2024 2/3
that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from the conscious possession of the petitioner and the alleged recovered 20 kgs., Ganja from the trolley bag and pithu bag does not belong to the petitioner and out of fear and pressure, the petitioner has confessed before the police. The petitioner was working as daily wager in Kolkatta and he had to return to his home town to see his ailing father. It is further submitted that main culprit of the alleged offence might be someone else as the information regarding the whereabouts of the alleged person, who is wearing as mentioned in the F.I.R., does not tally with the petitioner as he is a very simple and poor person. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 31.12.2023. The seized contraband is just a commercial quantity.
Patna High Court CR. MISC. No.17405 of 2024(3) dt.25-06-2024 3/3
the like amount each to the satisfaction of learned Sessions Judge, Jamui in connection with Rail Jhajha P.S. Case No. 298 of 2023 with further condition:-
(I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
(Chandra Prakash Singh, J)
U.K./- U T
1 issue framed by the court
Whether the petitioner is entitled to bail in connection with offences under Sections 8 and 20(b)(ii)(c) of the N.D.P.S. Act.
1 provisions across 1 enactments
Muluk Raj Gond @ Mukul Raj Gond
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
