Bhuwaneshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3691 of 2020 Arising Out of PS. Case No.-487 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== Bhuwaneshwar Prasad Son of Indrasan Prasad, Resident of Village - Chanki Gadh, P.S.- Shikarpur, District - West Champaran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with N.D.P.S. Case No. 42 of 2019 arising out of Shikarpur P.S. Case No. 487 of 2019 registered for the offences punishable under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned counsel for the petitioner submits that the house from which the contraband has been recovered does not belong to the petitioner, the petitioner is a handicapped person. The petitioner is in custody since 21.11.2019 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.3691 of 2020(2) dt.21-01-2020 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the house from which the contraband has been recovered does not belong to the petitioner, the petitioner is a handicapped person and that he has no criminal antecedent as also that there is no material to point out that the specimen of the seized Gaanja was prepared in accordance with law, let the petitioner above named be released on bail in connection with N.D.P.S. Case No. 42 of 2019 arising out of Shikarpur P.S. Case No. 487 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, West Champaran at Bettiah, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person 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

Patna High Court CR. MISC. No.3691 of 2020(2) dt.21-01-2020 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T