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HIGH COURT OF PATNA
Mr. Justice Anil Kumar Sinha
SUDHIR KUMAR – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./36513/2021
An accused can be granted bail even in cases involving NDPS Act if the quantity of contraband recovered is less than the small quantity, there are no criminal antecedents, and a similarly situated co-accused has been granted bail.
Headnote:
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 20/21 - BAIL - LESS THAN SMALL QUANTITY - NO CRIMINAL ANTECEDENT - CO-ACCUSED GRANTED BAIL - BAIL GRANTED
Fact of the Case:
The petitioner was arrested for possession of 16.130 grams of Ganja under Sections 20/21 of the NDPS Act. The petitioner had no criminal antecedents and had been in custody since 19.02.2021. A co-accused, who was in possession of a larger quantity of Ganja and Smack, had been granted bail by the court.
Finding of the Court:
The court noted that the quantity of Ganja recovered from the petitioner was less than the small quantity, that the petitioner had no criminal antecedents, and that a similarly situated co-accused had been granted bail. The court also considered the fact that the petitioner had been in custody since 19.02.2021.
Issues: Whether the petitioner should be granted bail considering the quantity of Ganja recovered, the lack of criminal antecedents, and the fact that a co-accused had been granted bail.
Ratio Decidendi: The court held that the petitioner was entitled to bail considering the quantity of Ganja recovered, the lack of criminal antecedents, and the fact that a similarly situated co-accused had been granted bail.
Final Decision: The court granted the petitioner bail on the condition that he would present himself before the police/court as and when required and that his bail bond would be liable to be cancelled if he failed to appear before the court on two consecutive occasions.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36513 of 2021
Arising Out of PS. Case No.-81 Year-2021 Thana- SONEPUR District- Saran
======================================================
SUDHIR KUMAR S/o Lagan Deo Sah @ Lagan Sah R/o village- Rahar
Diyara, P.S.- Sonepur, District- Saran
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Awadhesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2
06-01-2022
Heard Mr. Awadhesh Kumar Singh, learned counsel
for the petitioner and Mr. Bharat Bhushan, Additional Public
Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with
Sonepur PS Case No. 81/2021 (NDPS Case No. 3/21) registered
for the offence punishable under Sections 20/21 of the NSPS
Act.
16.130 grams of Ganja has, allegedly, been recovered
from the pocket of the petitioner.
Learned counsel for the petitioner submits that the
petitioner has got no criminal antecedent of similar nature of
offence and he is in custody since 19.02.2021. He next submits
that the Ganja which has been recovered from the possession of
petitioner is of less than small quantity and one another co-
accused, Baccha Rai from whose possession 160 Mg. Smack
and 19.930 Grams of Ganja was recovered, has been granted
Patna High Court CR. MISC. No.36513 of 2021(2) dt.06-01-2022
2/2
bail by this Court vide Cr. Misc. No. 30968/2021.
Regards being had to the submissions made by the
parties and taking into consideration the material on record and
the fact that similarly situated co-accused has been granted bail
by this Court, petitioner has got no criminal antecedent of
similar nature of offence and he is in custody since 19.02.2021
and the quantity of Ganja recovered from the petitioner is less
than small quantity, I am inclined to grant regular bail to the
petitioner subject to the condition that the petitioner shall
present himself before the police/Court, as the case may be, as
and when required and in the event of failure on his part to
appear before the Court on two consecutive occasions, his bail
bond shall be liable to be cancelled.
Accordingly, let the petitioner, SUDHIR KUMAR be
released on bail on furnishing bail bond of Rs. 20,000/- (Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of learned Sessions Judge-cum-Special Judge, Saran
at Chapra in connection with Sonepur PS Case No. 81/2021
(NDPS Case No. 3/21).
perwez
(Anil Kumar Sinha, J)
U
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