Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11006 of 2024 Arising Out of PS. Case No.-1045 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Ravi Kumar Son Of Vijay Mandal Resident Of Village- Ward No. 15, PsMuzaffarpur, Town, Distt- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rahul Kumar, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Muzaffarpur Town (Sikandarpur O.P.) P.S. Case No. 1054/2023 lodged on 27.12.2023 under Sections 8(c), 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the petitioner from whose possession 13 grams of smack has been made.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The recovery is more than the small quantity but lesser than the

Patna High Court CR. MISC. No.11006 of 2024(2) dt.22-02-2024 2/3 commercial quantity. The petitioner is in custody since 28.12.2023 having no criminal antecedent.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after nine month of framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned D.J., cum- Special Judge of NDPS Act, Muzaffarpur, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;

Patna High Court CR. MISC. No.11006 of 2024(2) dt.22-02-2024 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T