Vishal Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2502 of 2022 Arising Out of PS. Case No.-661 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== VISHAL PANDEY Son of Rajesh Pandey Resident of Village- Bakhari Tarma, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Kishore Thakur For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 661 of 2021 and N.D.P.S. Case No. 138 of 2021, registered for the offences punishable under Sections 8(c) and 21(b) of N.D.P.S. Act.
As per allegation, 81 sachet of Smack wrapped in white paper has been recovered.
The Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that alleged recovery of 40 gm of smack is much below the commercial quantity. He also
2/4 submits that recovery has not been made as per rules. The petitioner has been languishing in jail since 30.09.2021.
It is also stated in paragraph no. 2 of the petition that the petitioner has never moved before this Court for grant of anticipatory bail or regular bail.
It has further been stated in paragraph no. 3 that the petitioner has earlier been made accused in seven other case, in which he is on bail.
However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. 5th Additional Sessions Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 661 of 2021 and N.D.P.S. Case No. 138 of 2021, after framing of charge, if not already framed on the following conditions:
3/4 (i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedent other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of
4/4 the petitioner.
The application stands allowed accordingly.
The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) ashishkr/- U T