Ram Lakshman Ray @ Ram Lakshuman Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18027 of 2022 Arising Out of PS. Case No.-671 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== Ram Lakshman Ray @ Ram Lakshuman Ray Son of Late Basudha Ray Resident of Village - Ganghara, P.s.- Shahpur, Distt.- Patna. Presently resident of Mohalla - Indrapuri Road No.9A, Khatal in Land of Pramod Ray , P.S.- Patliputra, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhanshu Shekhar, Advocate.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail in a case registered for the offences punishable under Sections 22(b), 27(A) of the N.D.P.S. Act.
Recovery is of 10 grams Brown Sugar and Rs. 20,100/- from the different pockets of the petitioner. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.18027 of 2022(3) dt.10-08-2022 2/3 from the F.I.R. as well as seizure list that 10 grams of Brown Sugar has been recovered from the possession of the petitioner. He further submits that the recovered Brown Sugar is less than the commercial quantity, hence there is no bar of this Court to grant the bail to the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 21.12.2021. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the F.S.L. report confirms that the recovered substance in Brown Sugar but fairly submits that the recovered Brown Sugar is less than the commercial quantity.
Considering the aforesaid facts and circumstances of the case as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Special Case No. 217 of 2021 arising out of Patrliputra P.S. Case No.
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date
Patna High Court CR. MISC. No.18027 of 2022(3) dt.10-08-2022 3/3 fixed by the court and shall remain physically present as directed 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. 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.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J.) guddu/- U T