Allowed

Ram Vivah Sah @ Ram Bibah Sah v. The State of Bihar

Patna HC28 Aug 2024CR. MISC./59770/2024

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a case under the N.D.P.S. Act involving recovery of narcotic substances. The court observed that the seized quantity was below commercial quantity and Section 50 was not complied with, despite opposition from the prosecution.

What did the court decide?

Petitioner released on bail bonds of Rs. 25,000 with two sureties of like amount each, subject to conditions of presence and non-tampering.

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59770 of 2024

¶2

Arising Out of PS. Case No.-158 Year-2024 Thana- SONBERSA District- Sitamarhi

¶3

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

¶4

Ram Vivah Sah @ Ram Bibah Sah S/O Lakshman Sah R/O VillageIndarawa, Ward No. 13, Post- Dattkawa, P.S- Sonbarsa, Dist.- Sitamarhi.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

The Union of India through S.S.B., Sonbarsa P.S., Sitamarhi, Bihar

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Jha, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP For the Union of India : Mr. Arvind Kumar, CGC ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

¶12

2 28-08-2024 Heard the learned Advocate for the petitioner, learned

¶13

CGC for the Union of India and the learned APP for the State.

¶14

The petitioner seeks regular bail, who is in custody in connection with Sonbarsa P.S. Case No. 158 of 2024, registered for the offence punishable under Sections 8, 20(b)(ii) (C), 22 (C) and 23 (C) of the N.D.P.S. Act.

¶15

The police on a tip of trafficking of narcotic substance apprehended the petitioner, who was coming from Nepal on a motorcycle bearing registration no. BR30AH-6268. On search, total 1.450 Kg of afeem like substance was recovered from the possession of the petitioner.

¶16

There is total denial of allegation of recovery on the part of the petitioner. Learned Advocate for the petitioner

¶17

Patna High Court CR. MISC. No.59770 of 2024(2) dt.28-08-2024 2/4

¶18

contended that in fact in course of vehicle checking at the border, some altercation has taken place which resulted into institution of the present case. It is next contended that though the alleged recovery is said to have been made from the possession of the petitioner, but there is no compliance of the mandatory provisions of Section 50 of the N.D.P.S. Act. It is next contended that the alleged recovered afeem (opium) like substance is below commercial quantity and, as such, rigors provided under Section 37 of the N.D.P.S. Act would not be applicable. Moreover, the police after investigation submitted charge-sheet, but without their being any FSL report. The petitioner bears fair antecedent and now he has been incarcerated since 17.05.2024.

¶19

On the other hand, learned Advocate for the Union of India as well as the learned APP for the State vehemently opposes the bail application and submits that it is the modus operandi of the accused persons, who were indulged in trafficking of the narcotic drugs and psychotropic substances and they used to carry substance below commercial quantity, in order to save from the rigors of Section 37 of the N.D.P.S. Act.

¶20

Regard being had to the submissions made on behalf of the parties and considering the fact that there is no

¶21

Patna High Court CR. MISC. No.59770 of 2024(2) dt.28-08-2024 3/4

¶22

compliance of mandatory provisions, apart from the fact that the alleged recovered substance is below commercial quantity and rigors provided under Section 37 of the N.D.P.S. Act would not be applicable, coupled with the fact that the investigation of the crime is complete and the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge (NDPS), Sitamarhi in connection with Sonbarsa P.S. Case No. 158 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

¶23

(i) The petitioner will cooperate in conclusion of the trial.

¶24

(ii) He will remain present on each and every date of trial till disposal of the case.

¶25

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

¶26

(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

¶27

(v) The court below shall verify the criminal

¶28

Patna High Court CR. MISC. No.59770 of 2024(2) dt.28-08-2024 4/4

¶29

antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

¶30

(Harish Kumar, J)

¶31

shivank/-

¶32

U T

Ram Vivah Sah @ Ram Bibah Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Vivah Sah @ Ram Bibah Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bijay Shanker Singh Vs The State of Bihar

Sheo Shankar Prasad Singh Vs The State Bank of India

Amlesh Kumar Vs The State of Bihar

Puja Kumari Vs The State of Bihar

Mannu Devi Vs The State of Bihar

Guddu Kumar @ Guddu Kumar Singh @ Kaushik Rajput Vs The State of Bihar