Allowed¶19

Dasu Sah @ Das Narayan Sah v. The State of Bihar

Patna HC8 Apr 2024CR. MISC./19426/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.19426 of 2024, decided 08-04-2024 by Satyavrat Verma, J. Anticipatory bail granted to Dasu Sah @ Das Narayan Sah under Section 438 Cr.P.C. in NDPS case (Sections 8, 20(b)(ii), B, 25), Bounsi P.S. Case No.282/2023, District Banka; bail bond Rs.10,000 with two sureties; cancellation clause for non-cooperation in investigation.

What did the court decide?

Anticipatory bail: petitioner to be released on bail upon arrest or surrender before the learned Court below within six weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, with liberty to the trial court to cancel the bail bond on a report of non-cooperation in investigation. ¶19

Dasu Sah @ Das Narayan Sah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioner, apprehending arrest in Bounsi P.S. Case No.282/2023 registered under Sections 8, 20(b)(ii), B and 25 of the N.D.P.S. Act, should be released on anticipatory bail.

¶14

Court's answer

Considering the submissions made by learned counsel for the petitioner, the petitioner, in the event of his arrest or surrender before the learned Court below within six weeks, is to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned trial court, subject to the conditions laid down under Section 438(2) Cr.P.C.

¶19

Ratio / Principle

If the Investigating Officer files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not co-operating in the investigation or not presenting himself when required, the learned trial court shall be at liberty to cancel the bail bond of the petitioner.

¶21

Detailed headnote1 paragraphs

Anticipatory bail — N.D.P.S. Act — Petitioner apprehending arrest in Bounsi P.S. Case No.282/2023 (Sections 8, 20(b)(ii), B and 25 N.D.P.S. Act) over alleged recovery of 2 kg ganja from a vehicle registered in his name; counsel submitted the petitioner is a senior citizen of clean antecedents, his son Sujit Kumar alone was apprehended at the spot, and the recovery is below commercial quantity. Bail allowed: release on arrest/surrender within six weeks on bonds of Rs.10,000/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions; trial court free to cancel the bail bond if the Investigating Officer reports non-cooperation.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19426 of 2024

¶2

Arising Out of PS. Case No.-282 Year-2023 Thana- BAUNSI District- Banka

¶3

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

¶4

Dasu Sah @ Das Narayan Sah S/o Late Jagdish Sawarnkar R/o vill - Milki Rangpura, P.S. - Mirganj, Distt. - Purnia

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Yogendra Kumar ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶11

2 08-04-2024

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State.

¶14

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 8, 20(b) (ii), B and 25 of the N.D.P.S. Act.

¶15

Learned counsel for the petitioner submits that petitioner is a senior citizen and is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that 2 kilograms of ganja was recovered from a vehicle. It is next submitted that one Sujit Kumar was apprehended at the spot along with ganja in the car. It is next submitted that Sujit is son of the petitioner and it is not the case of the prosecution that they saw anyone fleeing from the place of occurrence. It is next submitted that a person who

¶16

Patna High Court CR. MISC. No.19426 of 2024(2) dt.08-04-2024 2/3

¶17

has remained a person with clean antecedent all through out his life whether he would indulge in such an activity. It is further submitted that even the alleged recovery is much less than the commercial quantity but a little more than the small quantity. It is further submitted that since the vehicle being registered in the name of the petitioner as such he has been implicated but then the police investigates in a mechanical manner and petitioner is paying the price of being father of Sujit Kumar. It is also submitted that the petitioner will not abscond rather will cooperate in the investigation.

¶18

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

¶19

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bounsi P.S. Case No.282/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶20

Patna High Court CR. MISC. No.19426 of 2024(2) dt.08-04-2024 3/3

¶21

However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner despite giving assurance to this court is not co-operating in the investigation or not presenting himself when required, in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioner.

¶22

(Satyavrat Verma, J)

¶23

amit/-

¶24

U T

Dasu Sah @ Das Narayan Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dasu Sah @ Das Narayan Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pintu Paswan @ Pintu Kumar Paswan Vs The State of Bihar

Chandan Ravidas Vs The State of Bihar

Raushan Kumar Yadav Vs the State of Bihar

Rajesh Kumar Yadav Vs The State of Bihar

Parmatma Kumar @ Parmatma Vs The State of Bihar

Binod Yadav @ Binod Kumar Raj Vs the State of Bihar