Prashant Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10881 of 2023 Arising Out of PS. Case No.-848 Year-2022 Thana- KOTWALI District- Patna ====================================================== Prashant Kumar Gupta Son of Rajesh Prasad Gupta Resident of MohallaMithapur behind clinic of Dr. Anita Singh, Bhawan Road, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rina Sinha, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail who is in custody since 23.12.2022 in connection with NDPS Case No. 287 of 2022, arising out of Kotwali P.S. Case No. 848 of 2022, F.I.R. dated 22.12.2022 for the offences punishable under Sections 8(c)/ 21(b) of the N.D.P.S. Act.
Recovery is of 5.20 grams of brown sugar.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
2/4 implicated in the present case. He further submits that it appears from the F.I.R. that altogether 5.20 grams of brown sugar has been recovered from the possession of the petitioner and other accused persons. He further submits that from perusal of the seizure list, it appears that 3 grams of brown sugar has been recovered from the possession of the petitioner. He further submits that without the F.S.L. report, the charge sheet has been submitted against the petitioner and the said F.S.L report came on 24.05.2023 but the charge sheet has been submitted prior to the F.S.L report. He further submits that there is non-compliance of the mandatory provision of Sections 42 and 50 of the N.D.P.S. Act and it appears that the recovered contraband is less than the commercial quantity. Hence, there is no embargo under Section 37 of the N.D.P.S. Act for grant of bail to the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 23.12.2022.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the F.S.L. report confirms that the recovered contraband is Heroin.
Considering the aforesaid facts and circumstances and
3/4 the fact that the recovered contraband is less than the commercial quantity, 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/ Special Judge, Patna in connection with NDPS Case No. 287 of 2022, arising out of Kotwali P.S. Case No. 848 of 2022, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the
4/4 court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T