Markandey Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13206 of 2022 Arising Out of PS. Case No.-647 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== Markandey Singh Son Of Jagat Narayan Singh Resident Of Village - Jokahari, P.S. Barhara (Krishnagarh O.P.), District - Bhojpur At Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 20(b)(ii) (A) and 21(a) of the N.D.P.S Act.

Allegation is of recovery of 01 gram heroin and 25 grams of narcotic materials Ganja from the possession of the petitioner.

Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the recovery of the said article

Patna High Court CR. MISC. No.13206 of 2022(3) dt.17-08-2022 2/3 is of small quantity. Further, it is submitted that the petitioner is in custody since 21.11.2021, charge-sheet has been submitted in the case and has antecedent of two cases.

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

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned court of Sessions Judge, Bhojpur in connection with P.S. Case No. 647 of 2021, 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.

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

Patna High Court CR. MISC. No.13206 of 2022(3) dt.17-08-2022 3/3 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) shanu/- U T