Md. Monu @ Pag v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14952 of 2024 Arising Out of PS. Case No.-1046 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Md. Monu @ Pag Son of Md. Lal Babu @ Ganur Resdent of VillageManjhauliya, P.S.- Muzaffarpur Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with N.D.P.S. Case No. 193 of 2023 arising out of Muzaffarpur Sadar P.S. Case No. 1046 of 2023 dated 18.10.2023 registered for the offence punishable under Section 401 of the Indian Penal Code, Section 25 (1-AA) b/26 (2)/ 35 of Arms Act and Section 8/20 (b) (ii) (A) of N.D.P.S. Act.

3. The allegation is of recovery of 50 gm Charas like substance and one live cartridge from the possession of the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.14952 of 2024(2) dt.11-03-2024 2/3 case. It is submitted that petitioner has neither any concern with the alleged 50 gm Charas like substance nor he is indulged in trade of narcotics substance. The petitioner has got no concern with the co-accused persons. It is submitted that 50 gm Charas like substance is less than small quantity. Lastly, it has been submitted that the petitioner is in custody since 19.10.2023, having one criminal case against him and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (N.D.P.S. Act) Court No. II, Muzaffarpur in connection with N.D.P.S. Case No. 193 of 2023 arising out of Muzaffarpur Sadar P.S. Case No. 1046 of 2023, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.14952 of 2024(2) dt.11-03-2024 3/3

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (Khatim Reza, J) prabhat/- U T