Allowed

Vinod Kumar v. the State of Bihar

Patna HC24 Jan 2024CR. MISC./77184/2023

Case brief

AI extract

What is this about?

Bail application under NDPS Act after recovery of 350 grams morphine; chargesheet filed without FSL report. Following the court's decision in Rampravesh Diswa, default bail granted with conditions including periodic police-station attendance.

What did the court decide?

Petitioner released on bail on Rs. 10,000 bond with two like sureties, subject to attendance at Chhauradano police station on first and third Sundays monthly.

Vinod Kumar Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77184 of 2023

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Arising Out of PS. Case No.-209 Year-2023 Thana- CHHAURADANO District- East

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Champaran

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

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Vinod Kumar S/O Madan Mohan Prasad Village- Ekdari, Ward No. 2, Ps. Chhauradano, Dist. East Champaran

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Alka Singh For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 24-01-2024

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Heard the learned counsel for the petitioner and

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learned APP for the State.

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The petitioner seeks regular bail in a case registered for the offence under Sections 8/21(b) and 25 of the N.D.P.S. Act.

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As per the prosecution case, 350 grams of Morphine has been recovered.

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Learned counsel for the petitioner submits that the petitioner is in custody since 01.07.2023. He further submits that incomplete chargesheet has been submitted without F.S.L. Report and, therefore, the petitioner is entitled to default bail. He has relied upon a judgment/order of this Court in the case of

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Rampravesh Diswa V/s The State of Bihar (Cr. Misc. No. 65898 of 2023)

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Learned A.P.P. has vehemently opposed the

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Patna High Court CR. MISC. No.77184 of 2023(3) dt.24-01-2024 2/2

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prayer for bail.

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In view of the law laid down by this Court in the case of Rampravesh Diswa (Supra) , I am of the view that the petitioner is entitled to default bail in view of admitted fact that F.S.L. Report has still not been filed in the Court below as per the report.

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Considering the aforesaid, This application for regular bail is allowed.

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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 the learned Sessions Judge-cum-Special Judge, East Champaran, Motihari/concerned Court below in connection with Chhauradano P.S. Case No. 209 of 2023 subject to the condition that:-

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8(1). The petitioner will mark his attendance at the Chhauradano Police Station on the first and third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

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(Sandeep Kumar, J)

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Shishir /-

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U T

Vinod Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Vinod Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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