Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5555 of 2022 Arising Out of PS. Case No.-363 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== ANIL SAH SON OF KHEDAN SAH, R/O VILLAGE- MAJHARPATTI, WARD NO. 06, P.S.- UDAKISHUNGANJ, DIST.- MADHEPURA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. In this case, the petitioner is seeking regular bail in connection with N.D.P.S. Case No. 39 of 2021, arising out of Udakishunganj P.S. Case No. 363 of 2021 registered for offence punishable under section 20 (b) (iii) (B) of the Narcotics Drugs and Psychotropic Substances Act.

As per allegation, 1.600 kilogram of Ganja was recovered from the possession of the petitioner. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.5555 of 2022(2) dt.25-05-2022 2/3 that the petitioner is a person of clean antecedent and he is under custody since 06.12.2021. The quantity of ganja is a little more than small quantity.

Considering the above-mentioned facts and circumstances as well as the criminal antecedent of the petitioner, the petitioner above-named is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge-cum-Special Judge, Narcotics Drugs and Psychotropic Substances Act, Madhepura in connection with N.D.P.S. Case No. 39 of 2021, arising out of Udakishunganj P.S. Case No. 363 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Patna High Court CR. MISC. No.5555 of 2022(2) dt.25-05-2022 3/3 (iii) The bail bond shall only be accepted by the learned court below after verification of criminal antecedent of the petitioner from the concerned police station.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T