Bechan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3190 of 2022 Arising Out of PS. Case No.-140 Year-2021 Thana- GWALPARA District- Madhepura ====================================================== Bechan Kumar S/o Rajo Yadav Resident of Village - Laxmipur, P.S. - Udakishunganj, District - Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Niwas Prasad For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Section 21(C) of N.D.P.S. Act. Recovery is of total 160 bottles of cough syrup from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that nothing Narcotic recovered from the possession of the petitioner in fact 160 bottles of cough syrup from the possession of the petitioner. He further submits

Patna High Court CR. MISC. No.3190 of 2022(2) dt.18-05-2022 2/3 that the recovered syrup is not a Narcotic Drugs and he is not involved in the sale and purchase in the Narcotic drugs. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 10.09.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, 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 Court below where the case is pending in connection with N.D.P.S. Case No. 22 of 2021 arising out of Gwalpara P.S. Case No. 140 of 2021, 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.

Patna High Court CR. MISC. No.3190 of 2022(2) dt.18-05-2022 3/3

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 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) mdrashid/- U T