Allowed

Rajendra Saw v. The State of Bihar

Patna HC13 Mar 2024CR. MISC./19144/2024

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner under the N.D.P.S. Act. The order was based on the period of custody, bail granted to similarly situated accused, and the incomplete nature of the charge-sheet lacking an FSL report at the time of submission.

What did the court decide?

"Petitioner released on bail on furnishing bond of Rs. 50,000/- with two sureties of like amount each."

Rajendra Saw Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19144 of 2024

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Arising Out of PS. Case No.-6 Year-2023 Thana- CHAKARANDHA P.S. District- Gaya

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

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Rajendra Saw Son of Nageshwar Saw RESIDENT OF VILLAGE AND PSCHAKARBANDA, DISTRICT- GAYA

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashhar Mustafa Mr. Abu Nasar Mr. Vikash Kr. Jha Mr. Ashish Kr. Ranjan For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 13-03-2024

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This is the second attempt of the petitioner for grant of regular bail as earlier the bail application of the petitioner was rejected vide order dated 25.08.2023 passed in Cr. Misc. No. 54511 of 2023.

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

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This application has been filed on behalf of the petitioner for grant of regular bail in connection with Chakarandha P.S. Case No. 6 of 2023 registered for the offence under Sections 8/17(c)/18(c) of the N.D.P.S. Act.

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As per the prosecution case, 1214 Kgs. of Posta Dana and 20 Kgs. of Doda has been recovered from the shop of

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Patna High Court CR. MISC. No.19144 of 2024(2) dt.13-03-2024 2/3

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the petitioner.

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The petitioner is in jail since 7.4.2023.

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It has been submitted by the learned counsel for the petitioner that similarly situated accused persons have been granted bail by this Court. It has also been submitted that the charge-sheet has been submitted without FSL report, in fact, the sample was sent for FSL report on 30.09.2023 and the chargesheet has been submitted on 2.10.2023.

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Learned counsel for the petitioner further relies upon a Judgment of this Court passed in the case of Rampravesh Diswa Vs. State of Bihar reported in 2024 1 BLJ 776 and submits that the case of the petitioner is squarely covered by the aforesaid judgment.

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Considering the period of custody, the fact that the similarly situated accused persons have been granted bail and also the fact that an imcomplete charge-sheet has been submitted, this application is allowed.

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Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, N.D.P.S. Act in connection with Chakarandha P.S. Case No. 6 of 2023.

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Patna High Court CR. MISC. No.19144 of 2024(2) dt.13-03-2024 3/3

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As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

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(Sandeep Kumar, J)

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Vikas/-

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U T

Rajendra Saw v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajendra Saw v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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