PATNA HIGH COURT
Mr. Justice Sunil Kumar Panwar
AMOL SINHA – Appellant
Versus
The State – Respondent
CR. MISC./43865/2022
BAIL - NDPS ACT - [SECTION 20(B)(II)(C), 23(C), 25, 27A, 29] - REGULAR BAIL - CO-ACCUSED PERSONS GRANTED BAIL - DELAY IN TRIAL - BAIL GRANTED
Fact of the Case:
The petitioner was arrested in a case registered for the offence punishable under Sections 20(b)(ii)(c), 23(c), 25, 27A and 29 of the NDPS Act. Allegedly, it is a case of recovery 1306 Kg. of ganja from a truck.
Finding of the Court:
The court noted that the petitioner had been in judicial custody since 16.06.2017 and that similarly situated co-accused persons had been granted regular bail by a Co-ordinate Bench of this Court.
Issues: Whether the petitioner should be granted regular bail.
Ratio Decidendi: Considering the facts and circumstances of the case, including the delay in trial and the fact that similarly situated co-accused persons had been granted bail, the court held that the petitioner was entitled to be released on bail.
Final Decision: The petitioner was directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43865 of 2022
Arising Out of PS. Case No.-13 Year-2017 Thana- GOVERNMENT OFFICIAL COMP.
District- Begusarai
======================================================
AMOL SINHA Son of Indrajeet Sinha Resident of Village - Nustan Bazar,
P.s.- Kumar Ghat, Distt.- Unnakot, State - Tripura,
... ... Petitioner/s
Versus
1.
The State of Bihar
2.
The Union of India through the Inteligence officer Narcotics control Bureau,
Patna Zonal Unit. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Arun Kumar Pandey, Advocate
For the Opposite Party/s :
Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
4
09-01-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is in custody in a case registered for the
offence punishable under Sections 20(b)(ii)(c), 23(c), 25, 27A
and 29 of the NDPS Act.
Allegedly, it is a case of recovery 1306 Kg. of ganja
from a truck.
Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He further
submits that similarly situated co-accused persons have been
granted regular bail by a Co-ordinate Bench of this Court passed
in Cr. Misc. No. 16485 of 2020 and Cr. Misc. No. 35679 of
Patna High Court CR. MISC. No.43865 of 2022(4) dt.09-01-2023
2/2
2020. Petitioner is in judicial custody since 16.06.2017.
Learned APP appearing for the State has opposed the
prayer for regular bail.
Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to 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 Additional Sessions
Judge-I-cum-Special Judge, NDPS Act, Begusarai in connection
with NDPS Case No. 13 of 2017.
Brajesh Kumar/-
(Sunil Kumar Panwar, J)
U
T
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