Allowed¶23

Md. Salauddin v. The State of Bihar

Patna HC17 Sept 2024CR. MISC./62920/2024

Case brief

AI extract

What is this about?

Regular bail granted; N.D.P.S. Act Sections 8(c), 21(b), 22; Jogbani P.S. Case No. 88 of 2024, District Araria; alleged recovery of 50 gram smack-like substance; petitioner in custody since 29.04.2024; bail bond Rs. 10,000 with two sureties; bail bond deferred until four months in custody; Patna High Court CR. MISC. No.62920 of 2024; Justice Nawneet Kumar Pandey; order dated 17-09-2024.

What did the court decide?

Regular bail granted: release upon furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions-cum-Special Judge, NDPS Act, Araria; bail bond to be furnished after completion of four months in custody; petitioner to co-operate in the disposal of the trial and remain available as and when required by the Court. ¶23

Md. Salauddin Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, arraigned for offences under Sections 8(c), 21(b) and 22 of the N.D.P.S. Act in Jogbani P.S. Case No. 88 of 2024 on an alleged recovery of 50 gram of Smack-like substance, should be released on regular bail.

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Court's answer

Considering the facts and circumstances, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Sessions-cum-Special Judge, NDPS Act, Araria, in connection with Jogbani P.S. Case No. 88 of 2024, subject to the condition that he shall co-operate in the disposal of the trial and make himself available as and when required by the Court.

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Ratio / Principle

The petitioner shall furnish his bail bond only after completion of four months in custody from the date of the order.

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Detailed headnote1 paragraphs

Patna High Court (Honourable Mr. Justice Nawneet Kumar Pandey) allowed a regular bail application in Criminal Miscellaneous No. 62920 of 2024 arising out of Jogbani P.S. Case No. 88 of 2024 (District Araria), wherein the petitioner, Md. Salauddin, was charged under Sections 8(c), 21(b) and 22 of the N.D.P.S. Act following an alleged recovery of 50 gram of Smack-like substance from his possession. Considering the facts and circumstances, the Court ordered release on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions-cum-Special Judge, NDPS Act, Araria, further directed that the bail bond be furnished only after completion of four months in custody, and conditioned bail on the petitioner's co-operation in the disposal of the trial and his availability as and when required by the Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62920 of 2024

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Arising Out of PS. Case No.-88 Year-2024 Thana- JOGBANI District- Araria

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

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Md. Salauddin Son of Gayash @ Mohammad Gyas @ Giyas Resident of village - Satan Tola, Ward No.- 13, P.S.- Jogbani, Dist.- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Ramesh Kumar Singh For the Opposite Party/s : Mr.Uday Chand Prasad

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

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 17-09-2024

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

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This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 8(c), 21(b) and 22 of the N.D.P.S. Act, registered in connection with Jogbani P.S. Case No. 88 of 2024.

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As per prosecution case, there has been recovery of 50 gram of Smack like substance from the possession of the petitioner.

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The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern with the alleged recovery of Smack . On the basis of suspicion, he has

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Patna High Court CR. MISC. No.62920 of 2024(2) dt.17-09-2024 2/2

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been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that alleged recovered Smack like substance does not come under the purview of commercial quantity as per N.D.P.S Act. Petitioner is in custody since 29.04.2024.

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Learned APP for the State has opposed the prayer

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of bail.

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Considering the above facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions-cum-Special Judge, NDPS Act, Araria in connection with Jogbani P.S. Case No. 88 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

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7. The petitioner shall furnish his bail bond after completion of four months in custody from today.

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(Nawneet Kumar Pandey, J)

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Arish/-

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Md. Salauddin v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Salauddin 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

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