Allowed¶22

Santosh Kumar Gupta v. The State of Bihar

Patna HC14 Feb 2025CR. MISC./1357/2025

Case brief

AI extract

What is this about?

Patna High Court, Cr. Misc. No. 1357 of 2025, order dated 14-02-2025, Justice Rudra Prakash Mishra: bail allowed under Sections 8/20(b)(ii)(c) N.D.P.S. Act in Araria P.S. Case No. 565 of 2024; 07.130 Kg ganja attributed to petitioner (total 21.400 Kg recovered); custody since 13.11.2024; clean antecedents; parity with co-accused Vinod Kumar Paswah (Cr. Misc. No. 5298 of 2025, bail order dated 06.02.2025); defence urged Section 37 inapplicable (below commercial quantity) and non-compliance of Sections 42 and 50; bail bonds Rs.10,000 with two like sureties.

What did the court decide?

Release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Araria P.S. case No. 565 of 2024. ¶22

Santosh Kumar Gupta Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the petitioner should be released on bail in connection with Araria P.S. Case No. 565 of 2024, instituted for offences under Sections 8/20(b)(ii)(c) of the N.D.P.S. Act, in light of the quantity of contraband attributed to him, his custody period and antecedents, and parity with the released co-accused.

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Court's answer

Considering the facts and circumstances of the case, the petitioner's clean antecedent, the period of custody undergone, the quantity of contraband recovered from the petitioner's possession, and the bail prayer being based on parity, the Court was inclined to grant bail.

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Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Araria P.S. Case No. 565 of 2024.

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Detailed headnote1 paragraphs

Bail granted - N.D.P.S. Act: Patna High Court (Justice Rudra Prakash Mishra), by order dated 14-02-2025 in Criminal Miscellaneous No. 1357 of 2025, allowed bail to Santosh Kumar Gupta in connection with Araria P.S. Case No. 565 of 2024, instituted under Sections 8/20(b)(ii)(c) of the N.D.P.S. Act. Prosecution alleged recovery of 21.400 Kg ganja in all, including 07.130 Kg from the petitioner. Granting bail, the Court considered the facts and circumstances, the petitioner's clean antecedent, the period of custody undergone (in custody since 13.11.2024, per counsel), the quantity of contraband recovered from the petitioner's possession, and that the bail prayer was based on parity with co-accused Vinod Kumar Paswah, already released on bail by this Court on 06.02.2025 in Cr. Misc. No. 5298 of 2025. Petitioner directed to furnish bail bonds of Rs.10,000/- with two sureties of the like amount each. Defence submissions on record: charge-sheet filed; no FSL report showing the seized substance to be ganja; contraband below commercial quantity so Section 37 inapplicable; alleged non-compliance of Sections 42 and 50.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1357 of 2025

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Arising Out of PS. Case No.-565 Year-2024 Thana- ARARIA District- Araria

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

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Santosh Kumar Gupta S/o- Chandra Kishore Prasad Gupta Village- Balutola Road Brahm Sthan Chowk, Nagar Parisad Ward No 15, Ps-Supaul, DistSupaul

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 14-02-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Araria P.S. case No. 565 of 2024 instituted for the offences under Sections 8/20(b)(ii)(c) of the N.D.P.S. Act.

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Prosecution case, in short, is that the police has recovered total 21.400 Kg. Ganja from the possession of the accused persons including the petitioner. It is alleged that the police has recovered 07.130 Kg. Ganja from the possession of the present petitioner.

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Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that in this case, four

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Patna High Court CR. MISC. No.1357 of 2025(3) dt.14-02-2025 2/3

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different seizure lists were prepared by the police. Charge-sheet has been submitted in this case. Petitioner is in custody since 13.11.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no Forensic Science Laboratory Report on record showing the seized substance to be Ganja. The contraband recovered from the possession of the petitioner is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. He further submits that the similar situated co-accused Vinod Kumar Paswah has already been granted bail by this Court vide order dated 06.02.2025 passed in Cr. Misc. No. 5298 of 2025.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case, clean antecedent, the period of custody undergone by the petitioner, the quantity of contraband recovered from the possession of the petitioner as also the prayer for bail being based on parity, this Court is inclined to grant bail to the petitioner.

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Patna High Court CR. MISC. No.1357 of 2025(3) dt.14-02-2025 3/3

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Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Araria P.S. case No. 565 of 2024.

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Santosh Kumar Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar Gupta v. The State of Bihar

Case brief

What is this about?

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What the court decided

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