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Ram Kumar @ Ram Kumar Sah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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Patna HC
2024
Ram Kumar @ Ram Kumar Sah Vs The State of BiharRam Kumar @ Ram Kumar Sah v. The State of Bihar

Allowed¶18

Ram Kumar @ Ram Kumar Sah v. The State of Bihar

Patna HC18 Jul 2024CR. MISC./19088/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No. 19088 of 2024; order dated 18-07-2024; Justice Nawneet Kumar Pandey; bail allowed in NDPS Case No. 56 of 2023 arising from Birpur (Bhimnagar O.P.) P.S. Case No. 343 of 2023, Supaul; Sections 21(B) and 22(B) N.D.P.S. Act; Section 50 NDPS Act notice unsigned; recovery of 300 Nitravet tablets and 24 WISCOF syrup bottles; suspect moving towards Nepal; clean antecedent; bail bond Rs. 10,000 with two sureties; petitioner Ram Kumar @ Ram Kumar Sah; counsel Kumar Goutam (petitioner), Raj Kishor Singh (State APP); no precedent cases cited.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Supaul, conditioned on cooperation with the trial and availability as and when required by the court.

Why is it important?

Considering the whole facts and circumstances, specially the petitioner's clean antecedent, this Court released the petitioner on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Supaul, in connection with N.D.P.S. Case No. 56 of 2023, subject to the condition that the petitioner cooperate with the trial and remain available as and when required by the court. ¶18

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Supaul, conditioned on cooperation with the trial and availability as and when required by the court.

Issue for consideration

Whether petitioner Ram Kumar @ Ram Kumar Sah, apprehended with 300 tablets of Nitravet and 24 bottles of WISCOF syrup while allegedly moving towards Nepal, should be released on bail pending trial in N.D.P.S. Case No. 56 of 2023.

Ratio / Principle

Considering the whole facts and circumstances, specially the petitioner's clean antecedent, this Court released the petitioner on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Supaul, in connection with N.D.P.S. Case No. 56 of 2023, subject to the condition that the petitioner cooperate with the trial and remain available as and when required by the court.

Detailed headnote1 paragraphs

Bail granted — Narcotics (N.D.P.S.). The Patna High Court (Nawneet Kumar Pandey, J., oral order dated 18-07-2024 in Criminal Miscellaneous No. 19088 of 2024) released Ram Kumar @ Ram Kumar Sah on bail in N.D.P.S. Case No. 56 of 2023, arising out of Birpur (Bhimnagar O.P.) P.S. Case No. 343 of 2023 (District Supaul), registered under Sections 21(B) and 22(B) of the N.D.P.S. Act. The petitioner had been apprehended at Shaileshpur Chowk carrying a bag towards Nepal containing 300 tablets of Nitravet and 24 bottles of WISCOF syrup. Counsel had argued innocence, clean antecedents, inability to presume prohibition merely from article names, and absence of the petitioner's signature on the Section 50 NDPS notice. Weighing the facts, specially the clean antecedent, the Court fixed bail at Rs. 10,000/- with two like sureties before the Sessions Judge, Supaul, conditioned on cooperation with the trial.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19088 of 2024

Arising Out of PS. Case No.-343 Year-2023 Thana- BIRPUR District- Supaul

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

Ram Kumar @ Ram Kumar Sah S/o Kamal Sah @ Kamal Kumar Saha @ Kamal Kumar Shah R/o Village - Baijnathpur, Ward No. 03, Police Station - Birpur Dist. - Supaul

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Kumar Goutam For the Opposite Party/s : Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

5 18-07-2024

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

The petitioner seeks bail in N.D.P.S. Case No. 56 of 2023 arising out of Birpur (Bhimnagar O.P.) P.S. Case No. 343 of 2023 registered for the offence punishable under Sections21(B) and 22(B) of the N.D.P.S. Act.

Prosecution case in short is that on the tip off, the informant alongwith Patrolling team started to keep vigil at Shaileshpur Chowk. A person was found carrying a carry bag going towards Nepal. That person was apprehended and he disclosed his name as Ram Kumar @ Ram Kumar Sah (the petitioner). On search of carry bag, 300 tablets of Nitravet and 24 bottles of WISCOF syrup were recovered from him.

Patna High Court CR. MISC. No.19088 of 2024(5) dt.18-07-2024 2/2

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. The petitioner has got clean antecedent. It has also been submitted that by the name of the articles, it cannot be presumed that whether such article was prohibited or not. It has last been submitted that the petitioner has no concern with the alleged articles neither there is any signature of petitioner over notice under Section 50 of the NDPS Act.

Learned APP has opposed the prayer for bail.

Considering the whole facts and circumstances, specially the clean antecedent, let the petitioner named above, 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 learned Sessions Judge, Supaul in connection with N.D.P.S. Case No. 56 of 2023 arising out of Birpur (Bhimnagar O.P.) P.S. Case No. 343 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

A.K.V.//-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether petitioner Ram Kumar @ Ram Kumar Sah, apprehended with 300 tablets of Nitravet and 24 bottles of WISCOF syrup while allegedly moving towards Nepal, should be released on bail pending trial in N.D.P.S. Case No. 56 of 2023.¶13

Statutes considered

3 provisions across 2 enactments

AI extract

N.D.P.S. Act21(B)¶13 22(B)¶13
NDPS Act50¶16

Procedural history

How this case reached the court

AI extract

Prior proceeding
First information report registered as P.S. Case No. 343 of 2023, Thana Birpur, District Supaul.¶2
Prior proceeding
Trial case numbered N.D.P.S. Case No. 56 of 2023 arising out of Birpur (Bhimnagar O.P.) P.S. Case No. 343 of 2023, registered for offences punishable under Sections 21(B) and 22(B) of the N.D.P.S. Act; petitioner sought bail therein.¶13
Prior proceeding
Prosecution case: on a tip-off, a person carrying a bag towards Nepal was apprehended at Shaileshpur Chowk and identified himself as the petitioner.¶14
Prior proceeding
Recovery alleged from the petitioner: 300 tablets of Nitravet and 24 bottles of WISCOF syrup from his carry bag.¶14

Parties & counsel

AI extract

petitioner
Ram Kumar @ Ram Kumar Sah S/o Kamal Sah @ Kamal Kumar Saha @ Kamal Kumar Shah, R/o Village - Baijnathpur, Ward No. 03, Police Station - Birpur, Dist. - Supaul¶4
Kumar Goutam
respondent
The State of Bihar¶7
Raj Kishor Singh

Coram

AI extract

Honourable Mr. Justice Nawneet Kumar Pandeyauthor¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 18 Jul 2024 · July
Registered: 4 Mar 2024
Case no.: CR. MISC./19088/2024
CNR: BRHC010197612024
Topic: Narcotics (NDPS)
Bench: Nawneet Kumar Pandey
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Ram Kumar @ Ram Kumar Sah v. The State of Bihar, CR. MISC./19088/2024 (PAT), decided on 18 July 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

N.D.P.S. Act21(B) · 22(B)
NDPS Act50

View all statutes

Procedural history4

First information report registered as P.S. Case No. 343 of 2023, Thana Birpur, District Supaul.
Trial case numbered N.D.P.S. Case No. 56 of 2023 arising out of Birpur (Bhimnagar O.P.) P.S. Case No. 343 of 2023, registered for offences punishable under Sections 21(B) and 22(B) of the N.D.P.S. Act; petitioner sought bail therein.

View full history

Bench / Coram

Honourable Mr. Justice Nawneet Kumar Pandey

Parties & counsel