Allowed¶21

Arun Kumar Singh @ Arun Singh v. The State of Bihar

Patna HC4 Apr 2024CR. MISC./23660/2024

Case brief

AI extract

What is this about?

Conditional regular bail, NDPS Act Sections 8 and 20(b)(ii)(A); ganja recovery 500 gm; Gaurichak P.S. Case No. 746 of 2023 (Patna); bail after framing of charge; non-absconding verification across three pending cases (P.S. Cases 28/2020, 86/2020; Complaint Case 842(c)/2023); bail bond Rs. 30,000/- with two like sureties; Section 437(3) CrPC conditions; Justice Dr. Anshuman; Patna High Court Cr. Misc. No. 23660 of 2024; order dated 04-04-2024.

What did the court decide?

Regular bail granted in connection with Gaurichak P.S. Case No. 746 of 2023 after framing of charge if not framed yet, upon the trial Court being satisfied that the petitioner is not absconding in the pending criminal cases, on bail bonds of Rs. 30,000/- with two sureties of like amount each, subject to the conditions in the order and those under Section 437(3) Cr.P.C.

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

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner should be granted regular bail in connection with Gaurichak P.S. Case No. 746 of 2023 (registered 28.12.2023) lodged under Sections 8, 20(b)(ii)(A) of the NDPS Act, involving an alleged recovery of 500 gm of ganja from his possession.

¶14

Ratio / Principle

Regular bail granted conditional on framing of charge (if not already framed) and on the trial Court being satisfied that the petitioner is not absconding in any of the criminal cases pending against him, the three such cases being listed in the order (Gaurichak P.S. Cases 28/2020 and 86/2020; Complaint Case 842(c)/2023).

¶21

Key takeaways

Bail to be on bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Patna, in connection with Gaurichak P.S. Case No. 746 of 2023, subject additionally to the conditions laid down under Section 437(3) Cr.P.C.ratio¶21

Detailed headnote1 paragraphs

NDPS bail - Patna High Court (Dr. Anshuman, J., order dated 04-04-2024, Cr. Misc. No. 23660 of 2024) granted regular bail to Arun Kumar Singh @ Arun Singh in Gaurichak P.S. Case No. 746 of 2023 (F.I.R. dated 28.12.2023, Sections 8, 20(b)(ii)(A) NDPS Act; alleged recovery of 500 gm ganja, which counsel submitted was less than the smaller quantity). Bail ordered after framing of charge, if not already framed, and upon the trial Court satisfying itself that the applicant is not absconding in any of his three other pending matters (Gaurichak P.S. Case No. 28 of 2020; Gaurichak P.S. Case No. 86 of 2020; Complaint Case No. 842(c) of 2023), on bail bonds of Rs. 30,000/- with two sureties of like amount each before the learned Sessions Judge-cum-Special Judge, NDPS Act, Patna, additionally subject to the conditions under Section 437(3) Cr.P.C.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23660 of 2024

¶2

Arising Out of PS. Case No.-746 Year-2023 Thana- GAURICHAK District- Patna

¶3

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

¶4

Arun Kumar Singh @ Arun Singh S/o Late Dinanath Singh R/o VillageJaivar, P.S.- Gaurichak, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Madhukar Anand For the Opposite Party/s : Mr.Anuj Kumar Shrivastava ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

¶11

2 04-04-2024

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State.

¶14

The petitioner seeks regular bail in connection with Gaurichak P.S. Case No. 746 of 2023 registered on 28.12.2023 lodged under Sections 8, 20(b)(ii)(A) of the NDPS Act.

¶15

As per the prosecution case, F.I.R. has been lodged against the petitioner to whom there is an allegation of recovery of 500 gm of Ganja from the petitioners' possession.

¶16

Counsel further submits that petitioner is innocent and has committed no offence. He submits that petitioner is aged about 60 years. He further submits that petitioner is in custody since 29.12.2023 having three criminal case pending against him, in which he is on bail in two cases and in one case he is persuading for bail. He further submits that the amount of

¶17

Patna High Court CR. MISC. No.23660 of 2024(2) dt.04-04-2024 2/2

¶18

Ganja recovered is less than the smaller quantity.

¶19

Learned counsel for the State opposes the prayer

¶20

for bail

¶21

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if not framed yet and on being satisfied by the trial Court that he is not absconding in any of the criminal cases pending against him which is mentioned below and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judgecum-Special Judge, NDPS Act, Patna in connection with Gaurichak P.S. Case No. 746 of 2023 subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.

¶22