Bittu Kumar v. The State of Bihar

Patna HC9 Sept 2024CR. MISC./60920/2024

Case brief

AI extract

What is this about?

NDPS bail, Patna High Court; Cr. Misc./Crl.M.C.-type bail application No.60920 of 2024; Sohsarai PS Case No.115 of 2024, Nalanda; sections 20(B)IIA and 8 NDPS Act 1985; brown sugar 7.75 gram recovery plus mobile; custody since 15.05.2024; bail bond Rs.20,000 with two sureties; attendance-on-every-date condition; cancellation-of-bail-bond clauses; counsel claimed quantity below commercial quantity and five criminal antecedents; State opposed; order allowed by Justice Chandra Prakash Singh.

What did the court decide?

Enlargement on bail on bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, Nalanda at Biharsharif, subject to attendance and cancellation conditions. ¶¶28

Bittu Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Sohsarai P.S. Case No. 115 of 2024.

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Ratio / Principle

Considering the facts and circumstances and materials available on record, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each.

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Key takeaways

Condition imposed: petitioner must physically attend before the court below on each date; failure on two consecutive dates without reasonable cause renders his bail bond liable to cancellation.ratio¶¶26
Condition imposed: if the petitioner is found involved in a similar nature of offence, the prosecution will be at liberty to file cancellation of his bail bond.ratio¶¶27

Detailed headnote1 paragraphs

Patna High Court, Cr. Misc. No.60920 of 2024 (order dt. 09-09-2024, Chandra Prakash Singh, J): regular bail granted in Sohsarai P.S. Case No. 115 of 2024 (dt. 14.05.2024), District Nalanda, registered u/s 20(B)IIA and 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985, following recovery of 7.75 gram brown sugar and a mobile from the petitioner's possession; petitioner in custody since 15.05.2024. Enlarged on bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, conditioned on attendance before the court below on every date (bond liable to cancellation on two consecutive absences without reasonable cause) and liberty to prosecution to seek cancellation of the bond if he is found involved in a similar offence. Counsel for petitioner asserted innocence, quantity below commercial threshold and five criminal antecedents; A.P.P. opposed. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60920 of 2024

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Arising Out of PS. Case No.-115 Year-2024 Thana- SOHSARAI District- Nalanda

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Bittu Kumar S/O Late Binda Yadav @ Late Vinda Yadav R/O Village Kakhariya, Ps Noorsarai, District Nalanda At Biharsharif

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... ... Petitioner/S

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Versus

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The State Of Bihar

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The Union Of India Asg Office

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The Union Of India, (ndps) New Delhi

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Rajiv Kumar, Adv. For the Opposite Party/s : Mr. Arbind Kumar Pandey(App84) ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 09-09-2024

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Sohsarai P.S. Case No. 115 of 2024 dated 14.05.2024 registered for the offences punishable u/s 20(B)IIA and 8 of the Narcotic Drugs and Psychotropic substances Act, 1985.

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3. Total 7.75 gram of Brown Sugar and a mobile were recovered from the possession of the petitioner.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The recovered Brown Sugar is less than commercial quantity. The petitioner has never involved in buying and selling of Brown Sugar. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody

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Patna High Court CR. MISC. No.60920 of 2024( 2) dt.09-09-2024 2/2

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since 15.05.2024.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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6. Considering the aforesaid facts and circumstances of the case and the materials available on record, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 115 of 2024, with the condition/s:-

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(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

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(ii) If the petitioner is found involved in similar nature of offence, the prosecution will be at liberty to file cancellation of bail bond.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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annpurna/-

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U T

Bittu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bittu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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