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

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

What the court decided

AI extract

Outcome

Conditional release on bail after framing of charge upon furnishing bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of learned ADJ-XVII-cum-Special Judge, NDPS, Patna in Special Case No. 273 of 2023; if the charge-sheet has not been submitted, release on bail on the above conditions with physical presence before the Trial Court on every date till conclusion of the charge-framing proceeding.

Issue for consideration

Whether the petitioner, in custody since 13.10.2023 for an offence under Sections 20(b)(ii)(a) of the NDPS Act, 1985 involving alleged recovery of 119.720 grams of ganja (small quantity) from his gumti, should be released on bail.

Court's answer

Petitioner to be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-XVII-cum-Special Judge, NDPS, Patna in connection with Special Case No. 273 of 2023 arising out of Ramkrishnanagar P.S. Case No. 656 of 2023.

Ratio / Principle

Trial Court directed to conclude the proceeding of framing of charge according to law within 15 (fifteen) days from the date of receipt of a copy of the order.

Key takeaways

If the charge-sheet has not been submitted, the petitioner shall be released on bail on the above conditions and shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.ratio¶20

Detailed headnote1 paragraphs

BAIL (CONDITIONAL) — NDPS ACT: Patna High Court (Ramesh Chand Malviya, J., 24-04-2024) allowed the bail application of Pintu Kumar in Crime Misc. No. 7021 of 2024 arising out of Ramkrishnanagar P.S. Case No. 656 of 2023 (Special Case No. 273 of 2023, ADJ-XVII-cum-Special Judge, NDPS, Patna), where 27 sachets containing 119.720 grams of ganja were allegedly recovered from the petitioner's gumti, an offence punishable under Sections 20(b)(ii)(a) of the NDPS Act, 1985, and the petitioner was in custody since 13.10.2023. Release ordered after framing of charge on a bail bond of Rs. 10,000 with two sureties of like amount; Trial Court directed to conclude charge-framing within 15 days; if the charge-sheet has not been submitted, petitioner to be released on bail on the above conditions, remaining physically present before the Trial Court on each date till charge-framing concludes.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 7021 of 2024

Arising Out of PS. Case No.-656 Year-2023 Thana- RAMKRISHNANAGAR District- Patna

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

Pintu Kumar Son of Sri Jageshwar Singh R/o vill - Chakjoya, P.s. - Dhanarua, At Present Krishna Niketan More Gali No. 2, P.S. - Ramkrishna Nagar, Distt. - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Satish Kumar, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

4 24-04-2024

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

The petitioner seeks bail in a case registered for an offence punishable under Sections 20(b)(ii)(a) of the NDPS Act, 1985.

The allegation against the petitioner is that 27 sachets containing 119.720 grams of ganja was recovered from the gumti of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and the said ganja was recovered in small quantity and petitioner is in custody since 13.10.2023.

Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No. 7021 of 2024(4) dt.24-04-2024 2/2

bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs.10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-XVII-cum-Special Judge, NDPS, Patna in connection with Special Case No.273 of 2023 arising out of Ramkrishnanagar P.S Case No. 656 of 2023.

The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T