Jagjivan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54285 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jagjivan Ram, Son of Late Haribansh Ram, resident of VillageBhawanipur, P.S. Sahodara, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Gaunaha P.S. Case No. 96 of 2017 for offences punishable under Sections 20(b), 23, 27(a) of the N.D.P.S. Act.

The prosecution case, as lodged by the police personnel, is that on patrolling duty they intercepted two motorcycles and apprehended the petitioner and one Satyadeo Nath. From the motorcycle of the co-accused Satyadeo Nath 3.900 kgs of ganja was recovered. Petitioner and other co-accused could not produce any paper regarding ownership of the said motorcycles. Petitioner is alleged to be a liner of the said

Patna High Court Cr.Misc. No.54285 of 2017 (2) dt.01-12-2017 2/3 consignment.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession or from his motorcycle but the contraband item was recovered from the motorcycle of other co-accused, as such, provisions of N.D.P.S. Act will not apply against him. He submits that petitioner is in judicial custody since 15.09.2017.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is alleged to be a liner and was associate of the other co-accused.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Gaunaha P.S. Case No. 96 of 2017, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who

Patna High Court Cr.Misc. No.54285 of 2017 (2) dt.01-12-2017 3/3 will file an affidavit stating his relationship with the petitioner.

(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(iii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T