Allowed

Jay Ram Sah @ Jai Ram Sah v. The State of Bihar

Patna HC20 Mar 2024CR. MISC./20979/2024

Case brief

AI extract

What is this about?

Bail application under the NDPS Act after recovery of 15 grams of smack-like substance, below commercial quantity. Considering clean antecedents and period of custody, the Patna High Court granted regular bail.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs.10,000 with two sureties of like amount to the satisfaction of the court below.

Jay Ram Sah @ Jai Ram Sah 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.20979 of 2024

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Arising Out of PS. Case No.-292 Year-2023 Thana- KURSAKANTA District- Araria

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

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Jay Ram Sah @ Jai Ram Sah S/o Late Rajendra Sah R/o Village- Bauka Majrakh, Ward No. 1, P.S.- Sikti, District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Madhav Jha, Advocate For the Opposite Party/s : Mr.Binod Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 20-03-2024

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

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The petitioner seeks bail in Kursakanta (Kuwari O.P.) P.S. case No. 292 of 2023 instituted for the offences under Sections 8(c), 21(b) of the N.D.P.S. Act.

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Prosecution allegation, in short, is that 15 gram smack like substance was recovered by the police.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The name of the petitioner has transpired merely on the basis of suspicion. The petitioner has got no concern with the recovered contraband. The petitioner is in custody since 22.12.2023 and has got no criminal antecedent. Charge-sheet

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Patna High Court CR. MISC. No.20979 of 2024(2) dt.20-03-2024 2/2

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has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner, the period of custody undergone by the petitioner and the recovered contraband below commercial quantity, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kursakanta (Kuwari O.P.) P.S. case No. 292 of 2023.

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(Rudra Prakash Mishra, J)

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Pankaj/-

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U T

Jay Ram Sah @ Jai Ram Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jay Ram Sah @ Jai Ram Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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