Biswanath Sarkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3908 of 2022 Arising Out of PS. Case No.-337 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== Biswanath Sarkar Son Of Santosh Sarkar R/O - Bhogdabri (Bhogadabri), P.S.- Sitalkuchi, District- Coochbehar (West Bengal) ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar Singh For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== 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 Special Case No. 16 of 2018 arising out of Bahadurganj P.S. Case No. 337 of 2018, registered for the offences punishable under Sections 8, 20(B)(ii)(c)/22 of the N.D.P.S. Act, 1985. As per allegation, 150 kg of Cannabis was recovered from a Pick Up vehicle bearing Reg. No. WB63A4992. The Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was not present at

2/4 the place of occurrence and the only evidence against him is confessional statement of co-accused. He also submits that nothing incriminating material has been recovered from the conscious possession of the petitioner.

The petitioner has been languishing in jail since 18.11.2020.

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 one more case.

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. District and Sessions Judge-cumSpecial Judge, (NDPS Act) Kishanganj, Bihar in connection

3/4 with Special Case No. 16 of 2018 arising out of Bahadurganj P.S. Case No. 337 of 2018 on the following conditions:

(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.

4/4 (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 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) uttam/- U