Regular bail sought under NDPS Act sections for 125 kg ganja recovery; petitioner claimed innocence and relied on custody-period precedent. Union of India did not appear. Court declined bail, citing the large commercial quantity recovered.
Bail petition rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7266 of 2024
Arising Out of PS. Case No.-33 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi
======================================================
Rahul Raushan Son of Sikandar Thakur Resident of Village- Baghari, ward No. 11, P.S.- Sursand, District- Sitamarhi
... ... Petitioner/s
Versus
The Union of India New Delhi
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhavesh Kumar, Adv. For the U.O.I. : None ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 10-04-2024
Learned counsel for the petitioner is present, however,
no one appears on behalf of the Union of India in spite of the fact that copy has been served to the office of Union of India and the name of counsel for Union of India is also showing in the list but no one present to defend this case.
Patna High Court CR. MISC. No.7266 of 2024(3) dt.10-04-2024 2/2
been the subject matter of the present case but petitioner is no where involved in the said matter. He has categorically disclosed that the said ganja belongs to other person and only in greed of money of Rs. 5,000/-, he sat over the matter. He further submits that the petitioner is completely innocent. He further submits that the antecedent of the petitioner is clean and he is in custody since 14.12.2021. He is relying on the judgment of Ghanso @ Kalo Vs. State of Punjab vide order dated 31.05.2022, CRM-M-20629 of 2022 in which prayer for regular bail of the petitioner has been allowed considering the period of custody.
(Dr. Anshuman, J)
sadique/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner in a NDPS case involving recovery of 125 kg ganja, given his custody since 14.12.2021 and alleged limited role.
Colour shows how this judgement treated each authority
Ghanso @ Kalo Vs. State of PunjabRelied on
CRM-M-20629 of 2022
4 provisions across 1 enactments
Rahul Raushan
The Union of India New Delhi
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
