Patna High CourtCR. MISC./42267/2016bail granted

Dinesh Singh @ Naga Singh @ Naga v. The State Of Bihar

2017-02-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.42267 of 2016 (3) dt.06-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42267 of 2016 Arising Out of PS.Case No. -150 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Dinesh Singh @ Naga Singh @ Naga, Son of Sri Ram Murti Singh, resident of Village- Sabeya, P.S.- Rajpur, District- Rohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.08.2016 in connection with Nasriganj (Rajpur) P.S. Case No. 150 of 2016 for the offences alleged under Sections 17, 18, 22 and 23 of the N.D.P.S. Act.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of 900 grams of ganja. There is no independent witness to the seizure list which casts doubt upon its veracity. It is further submitted that in any event the quantity of ganja is small and the petitioner has already suffered custody of more than five months. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.42267 of 2016 (3) dt.06-02-2017 circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Rohtas at Sasaram, in connection with Nasriganj (Rajpur) P.S. Case No. 150 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T