Ramjit Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.201 of 2022 Arising Out of PS. Case No.-372 Year-2021 Thana- BALIYA District- Begusarai ====================================================== PRADEEP PASWAN @ PRADEEP KUMAR PASWAN S/o Shiv Shankar Paswan R/o village- Hussainichak, P.S.- Baliya, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6541 of 2022 Arising Out of PS. Case No.-372 Year-2021 Thana- BALIYA District- Begusarai ====================================================== MD. ALTAB @ AFTAB @ MD. ALTAF SON OF MD. KHURSHID RESIDENT OF VILLAGE- CHHOTI BALIYA, MISIKARTOLI, P.S.- BALIYA, DISTRICT- BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 201 of 2022) For the Petitioner/s :
Mr.Binod Kumar For the Opposite Party/s :
Mr.Arun Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 6541 of 2022) For the Petitioner/s :
Mr.Vijay Anand For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks from today.
Heard learned counsel for the petitioners and learned APP for the State in both the Cr. Misc. applications.
2/4 The petitioners have preferred this application for grant of regular bail in connection with N.D.P.S. Case No. 28 of 2021, arising out of Ballia P.S. Case No. 372 of 2021, registered under sections 81, 21, 22, 25 of N.D.P.S. Act. On raid, a country-made pistol and a cartridge was recovered from Gumti of co-accused, Deepak Kumar, some psychotropic drugs were also recovered from his Gumti. Thereafter, the police raided the Gumti of co-accused Pankaj Paswan, two persons begin to flee away, one become successful in fleeing away but second was nabbed who disclosed his name as Md. Altab @ Aftab, the petitioner in Cr. Misc. No.6541 of 2022. Some psychotropic drugs were recovered from that Gumti also. Two mobile sets were recovered from possession of petitioner, Pradeep Paswan.
The learned counsel for the petitioner, Pradeep Paswan, has submitted that no psychotropic drugs was recovered from his possession. He is a person of clean antecedent and under custody since 15.11.2021. Similar is the submission of the learned counsel for the petitioner, Md. Altab @ Afrab. He is also a person of clean antecedent and he is under custody since 15.11.2022. Considering the above facts and circumstances as well
3/4 as clean antecedent and period of custody, let the petitioners in both Cr. Misc. petition, above-named, be released on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Begusarai, in connection with N.D.P.S. Case No. 28 of 2021 arising out of Ballia P.S. Case No. 372 of 2021, subject to the following conditions :-
1. The petitioners shall cooperate in the disposal of trial and make himself available as and when required by the Court.
2. At the time of furnishing bail bond, the petitioners shall file an affidavit to the effect that they shall not indulge himself in future in the similar type of offence. If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the Court below for cancellation of the bail of the petitioners and the learned Court below will take decision in accordance with law.
Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this
4/4 Court.
The application stands allowed.
(Nawneet Kumar Pandey, J) sanjeev/- U T