Ram Briksh Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18957 of 2017 Arising Out of PS.Case No. -31 Year- 2016 Thana -RAIYAM District- DARBHANGA ======================================================
1. Ram Briksh Paswan S/o Late Dukhi Paswan,
2. Md. Mukhtar S/o Late Md. Muslim
3. Sonu Kumar Das S/o Upendra Das Resident of Village-Babuai Tola Nayagoun, P.S.-Raiyam, District-West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shama Sinha For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 Heard the parties.
The petitioners seek regular bail in connection with G.O. 23 of 2016 arising out of Raiyam P.S.Case No.31 of 2016, registered for offences punishable under Sections 8, 20 (4)(ii)(A), 25 and 29 of the N.D.P.S. Act, 1985.
Allegation as per F.I.R. is about recovery of 'Ganja' from the possession of the petitioners.
It is submitted on behalf of the petitioners that they have been falsely implicated in this case and they have no criminal antecedent and remained in custody for about four months. It is also submitted that the co-accused having similar allegation, have already been granted bail by this Court and the
Patna High Court Cr.Misc. No.18957 of 2017 (2) dt.02-05-2017 2/2 seized articles is smaller in nature.
Heard learned A.P.P. also.
Having heard both sides and in view of the fact that the seized articles are in small quantity in nature and they have remained in custody for about four months, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge (N.D.P.S. Act), Darbhanga in connection with G.O. Case No.23 of 2016 arising out of Raiyam P.S.Case No.31 of 2016. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U