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Judgment
11 paragraphs · 331 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with P.R. No.162 of 2023-2024 of Inspector of Excise, Patna Excise Station corresponding to Special Case No.06 of 2024 for the offence under Sections-20(b)(ii) B of the N.D.P.S. Act pending in the Court of the learned Special Judge, Keonjhar.
The allegation against the petitioner is that on 24.01.2024 at 9.15 AM, the Inspector of Excise, Patna Excise Station along with staff were conducting patrolling duty at Dubeipentha village under Patna P.S. received information regarding illegal transportation of ganja by the petitioner from Dubeipentha chhak towards his village. He informed his superior staff and proceeded to the spot. Having seen them, the petitioner tried to escape but he was arrested and seized 1 kg 25 gms of ganja.
The petitioner had approached the learned Special Judge, Keonjhar praying for grant of bail. The learned Court below vide its order dated 06.02.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 24.01.2024, the nature of accusation, the quantity of contraband seized is below the commercial quantity, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of..
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