Gautam Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9601 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- PRANPUR District- Katihar ====================================================== Gautam Ravidas Son of Pradeep Ravidas Resident of Mohalla - Near M.B .T. Islamiya High School, P.S. - Nagar, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Musowir For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Pranpur P.S. Case No. 144 of 2021 registered for the offence under Sections 20 and 22 of the N.D.P.S. Act.

The accused/petitioner is named in the F.I.R. and is in custody since 23.10.2021.

The allegation against the accused/petitioner is to have in possession of 700 grams of contraband, namely, Ganja alongwith other co-accused.

Learned counsel appearing on behalf of the petitioner submitted that recovery, as appearing from seizure list, was made from co-accused Vishal Gami and nothing has been

Patna High Court CR. MISC. No.9601 of 2022(2) dt.08-06-2022 2/3 recovered from the conscious possession of the petitioner. It has further been submitted that the quantity recovered is small and on conviction even petitioner could not be convicted for more than a year as per amended provisions of N.D.P.S. Act. Learned APP appearing on behalf of the State fairly conceded that recovery has not been made from the conscious possession of the petitioner rather the same is from the coaccused, namely, Vishal Gami. Considering the facts and circumstances as mentioned above and considering the amount of recovery alongwith the period in custody, let the petitioner, above named, is directed to be released on bail in connection with Pranpur P.S. Case No. 144 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Katihar, District- Katihar, subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

Patna High Court CR. MISC. No.9601 of 2022(2) dt.08-06-2022 3/3 (ii) Accused/Petitioner shall cooperate in the trial and shall be properly represented on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground duly supported by the documents.

(iii) That one of the bailors shall be the close relative of the accused/ petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T