Naresh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28364 of 2021 Arising Out of PS. Case No.-849 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== NARESH BAITHA S/O HIRALAL BAITHA RESIDENT OF VILLAGE DULMA, P.S-MADHUBAN, DISTRICT-EAST CHAMPARAN, MOTIHARI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Petitioner who is in custody since 10.11.2020 seeks regular bail in connection with Ahiyapur P.S. Case No. 849 of 2020 registered for offences punishable under Section 399, 402, 401, 414/34 of the Indian Penal Code, Section 25(1-b)a, 26/35 of the Arms Act and 20/22 of the N.D.P.S., Act. Case of the prosecution is that petitioner along with other two accused persons were apprehended along with stolen motorcycle, country-made pistol, a live cartridge and 1.2 Kg of Ganja. It is specific allegation in the FIR that from the Possession of the petitioner one live cartridge was seized. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.28364 of 2021(2) dt.13-12-2021 2/3 submits that petitioner has a clean antecedent and nothing has been recovered from his conscious possession rather he was a pillion rider to one Apache motorcycle bearing Registration No. BR06 BB 8762 from which 1.400 Kg of Ganja was recovered. The said motorcycle was recovered from the possession of coaccused Dileep Kumar. It is further submitted that petitioner is in custody since 10.11.2020 and no commercial quantity of Ganja was recovered from the possession of the petitioner. Learned A.P.P., however, opposes the prayer for grant of bail to the petitioner. He further submits that petitioner was apprehended along with the other co-accused with the stolen motorcycle and Ganja was kept in the motorcycle along with one live cartridge as such petitioner does not deserve to be released on bail.

Having considered the facts and circumstances of the case, the Court below is directed to confirm the criminal record of the petitioner and after being satisfied that no case is pending against him, the petitioner be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Session Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 849 of 2020 subject to the following

Patna High Court CR. MISC. No.28364 of 2021(2) dt.13-12-2021 3/3 conditions:

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) The petitioner is directed to mark his attendance to the local police station on every 5th day of the week failing which, the learned Court below shall cancel the bail bond of the petitioner.

(Purnendu Singh, J) Niraj/- U T