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Patna High CourtCR. MISC./6067/2023bail granted

Shiv Chandra Singh v. The State Of Bihar

2023-05-01Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6067 of 2023 Arising Out of PS. Case No.-683 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== SHIV CHANDRA SINGH Son of Late Ramdev Singh, Resident of Village - Nayagaon, P.S.- Nayagaon, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India, Through Narcotics Control Bureau, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with N.D.P.S. Case No. 45 of 2022, arising out of Begusarai Nagar P.S. Case No. 683 of 2022, registered for offence punishable under sections 8/20(b)(ii)(B) of the N.D.P.S. Act. At the very outset, the learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is under custody since 14.11.2022 for the allegation that 5 Kgs of Ganja, which is less than the commercial quantity, was recovered from his tenanted portion of the house. As a matter of fact, he is not the tenant of Bachchu

Patna High Court CR. MISC. No.6067 of 2023(2) dt.01-05-2023 2/3 Singh.

On the other hand, Mr. J. N. Thakur, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai in connection with N.D.P.S. Case No. 45 of 2022, arising out of Begusarai Nagar P.S. Case No. 683 of 2022, 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.

(iii) The learned court below shall verify the

Patna High Court CR. MISC. No.6067 of 2023(2) dt.01-05-2023 3/3 criminal antecedent of the petitioner and if it is found that he is involved in any other case except the present one, the learned court below shall be at liberty to cancel his bail bond.

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