Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17953 of 2021 Arising Out of PS. Case No.-370 Year-2020 Thana- JOKIHAT District- Araria ====================================================== SONU S/O SAMSUL R/O VILLAGE MATYARI, KHALIL CHOWK, WARD NO 13, P.S JOKIHAT DISTRICT-ARARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Prasad Singh, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.
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 Special Case No.14/2020 arising out of Jokihat P.S. Case No.370/2020 registered for the offences punishable under Sections 20, 22 and 23 of the N.D.P.S. Act read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that, as per the prosecution story, 1400 gms of Ganja and 33 bottles of corex cough syrup each containing 100 ml have been recovered from the joint house of the petitioner.
Patna High Court CR. MISC. No.17953 of 2021(2) dt.13-07-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. Learned counsel submits that petitioner has not been apprehended at the spot and no incriminating article has been recovered from the possession of the petitioner. It is submitted that the petitioner has no criminal antecedent and he has remained in jail in connection with this case since 10.10.2020. Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case, the quantity of Ganja allegedly recovered in the present case is 1400 gms which is less than the commercial quantity, the petitioner has no criminal antecedent and has remained in jail in connection with this case since 10.10.2020, investigation against him is complete but the trial is not likely to take place in near future, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria in connection with Special Case No.14/2020, arising out of Jokihat P.S. Case No.370/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.
(a) that such person shall attend in accordance with the
Patna High Court CR. MISC. No.17953 of 2021(2) dt.13-07-2021 3/3 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 disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.