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HIGH COURT OF PATNA
Mr. Justice Satyavrat Verma
ANKUR KUMAR – Appellant
Versus
The State – Respondent
CR. MISC./36056/2021
BAIL - NDPS ACT - SECTION 8/20(B)(II)(B), 25 AND 29 - BAIL GRANTED TO CO-ACCUSED - NO RECOVERY FROM CONSCIOUS POSSESSION OF PETITIONER - PETITIONER FOUND SITTING IN THE HOUSE OF CO-ACCUSED - BAIL GRANTED.
Fact of the Case:
The petitioner was arrested in connection with a case registered under sections 8/20(b)(ii)(B), 25 and 29 of the NDPS Act. The informant alleged that on secret information, he raided the house of Vijay Kumar from where 3.7 kg of ganja was recovered and the petitioner was found sitting in the house of Vijay Kumar.
Finding of the Court:
The court noted that the petitioner was in jail custody, charge sheet had been submitted, and he was a person with a clean antecedent. The court also noted that the recovery of ganja was made from the house of Vijay Kumar, not from the conscious possession of the petitioner.
Issues: Whether the petitioner should be granted bail.
Ratio Decidendi: The court held that considering the facts that the petitioner was in jail custody, charge sheet had been submitted, he was a person with a clean antecedent, and the recovery of ganja was made from the house of Vijay Kumar, not from the conscious possession of the petitioner, the petitioner was entitled to be released on bail.
Final Decision: The court directed the petitioner to be released on bail on furnishing bail bonds of Rs 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Vaishali at Hajipur in Hajipur Sadar P.S. Case no. 116 of 2021.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36056 of 2021
Arising Out of PS. Case No.-116 Year-2021 Thana- HAJIPUR SADAR District- Vaishali
======================================================
ANKUR KUMAR Son of Rajendra Prasad Singh @ Harendra Pd. Singh
Resident of Village - Bithauli, P.O.- Bithauli, P.S.- Bhagwanpur, District -
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Rakesh Kumar Soni
For the Opposite Party/s :
Ms.Rita Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2
04-01-2022
The present petition has been taken up for
consideration through the mode of Video conferencing in view
of the prevailing situation on account of COVID 19 Pandemic,
requiring social distancing.
Present case has been taken up on mentioning made
by learned counsel for the petitioner on the ground that
petitioner in jail is suffering from hemophilia.
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner seeks bail in connection with Hajipur Sadar
P.S. Case no. 116 of 2021 registered for the offence punishable
under sections 8/20(b)(ii)(B), 25 and 29 of the NDPS Act.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.36056 of 2021(2) dt.04-01-2022
2/2
petitioner is in custody since 8.2.2021, is person with clean
antecedent and charge sheet has been submitted and the
informant in the FIR alleges that on secret information he raided
the house of Vijay Kumar from where 3.7 kg of ganja was
recovered and the petitioner was found sitting in the house of
Vijay Kumar. Learned counsel submits that admittedly, recovery
is not from conscious possession of this petitioner, he was found
sitting in the house of Vijay Kumar, further it is submitted that
Vijay Kumar has been granted bail vide order dated 13.12.2021
in Cr. Misc. no. 31034/2021.
Learned APP opposes the prayer for bail.
Considering the facts that petitioner is in jail custody,
charge sheet has been submitted and is a person with clean
antecedent and recovery of ganja was made from the house of
Vijay Kumar, the petitioner is directed to be released on bail on
furnishing bail bonds of Rs 5,000/- (five thousand) with two
sureties of the like amount each to the satisfaction of the
Sessions Judge, Vaishali at Hajipur in Hajipur Sadar P.S. Case
no. 116 of 2021.
s.hassan/-
(Satyavrat Verma, J)
U
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