Jagarnath Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21504 of 2022 Arising Out of PS. Case No.-396 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== JAGARNATH BHUIYAN, S/o Jiswar Bhuiyan @ Jishoran Bhuiya, R/o village- Hesat, P.S.- Monika, District- Latehar, (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Aurangabad Town P.S. Case No. 396 of 2021 registered for the offence punishable under Sections 15, 18, 19 and 29 of the N.D.P.S. Act. The prosecution case alleges that the police received secret information about some persons bringing Doda powder with them, and petitioner and two other co-accused persons were apprehended. From the possession of the petitioner, 39.760 Kg of Doda powder was recovered. From the other two co-accused persons further recovery of about 46 Kg and 11.225Kg of Doda powder respectively was made.

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

Patna High Court CR. MISC. No.21504 of 2022(3) dt.02-01-2023 2/3 The petitioner has no concern with the contraband as he was carrying luggage from the bus as a "coolie". Forensic report does not support the prosecution case. Recovery alleged is less than commercial quantity and petitioner is in custody since 13.09.2021. Chargesheet has been submitted and co-accused Manuar Miya @ Manauwar Ali has been allowed bail on 09.11.2022 in Cr. Misc. No. 70348 of 2021. Learned APP for the State has opposed the prayer for bail. It is submitted that the recovery of huge quantity of Doda powder has been made from this petitioner, which is just below the commercial quantity. However, learned APP is not in a position to dispute the fact regarding grant of bail to similarly situated co-accused in Cr. Misc. No. 70348 of 2021.

Considering the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel.

Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge-cum-Special Judge (N.D.P.S.), Aurangabad, in connection with Aurangabad Town P.S. Case No. 396 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.21504 of 2022(3) dt.02-01-2023 3/3 how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) shashank/- U T