Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15543 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== Pankaj Singh aged about 52 years, male, Son of Shatrughan Singh Resident of Village - Laualagan, P.S.- Chausa, District - Madhepura (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

02-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Chausa P.S. Case No. 209 of 2020, registered for the offence under Sections 20, 22, 23, 24 of the N.D.P.S. Act As per the prosecution case, on a secret information, 6 Kg. of Ganja has been recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that the alleged quantity of Ganja is less than the commercial quantity and as such, rigors of Section 37 of the N.D.P.S. would not be attracted. There is no allegation of tampering with the evidence. Petitioner is in custody since 06.10.2020, having clean antecedent. Investigation is complete.

Patna High Court CR. MISC. No.15543 of 2021(2) dt.02-07-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody and clean antecedent of petitioner, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Madhepura in connection with Chausa P.S. Case No. 209 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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."

(Prabhat Kumar Singh, J.) anay U T