Vinod Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25127 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== VINOD KUMAR DAS Son of Late Raghunath Das Resident of Village - Goraul, P.s.- Goraul, Distt.- Vaishali, at Present tenant of Late Naimun Khatoon, Mohalla - Pankhatoli, Near Kabristan, P.s.- Kaji Mohammadpur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Gaighat P.S. Case No. 70 of 2022 for the offences under Section 414 of the Indian Penal Code and Section 8/20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per the allegation made in the FIR, the police got a secret information that two persons are standing at a tea stall on a motorcycle dealing in illegal sale and purchase of 'charas'. On the said information, they moved towards the place of occurrence and found two persons on a motorcycle. As they tried to escape, they apprehended and it is alleged that 910

Patna High Court CR. MISC. No.25127 of 2022(2) dt.08-08-2022 2/3 grams of 'charas' was recovered/seized from a bag hanging with the motorcycle. Accordingly, the FIR was lodged and the petitioner was taken into custody.

Learned counsel for the petitioner submits that the alleged recovery is below the commercial quantity of 1 K.G., even the police has alleged the same to be 'charas' like substance clearly showing that they were not sure before the recovery/seizure of the substance. He further submits that he was merely a passerby and motorcycle does not belong to him (as stated in paragraph 10 of the bail application). Lastly, he submits that he is in jail since 12.02.2022 (as stated in paragraph-1 of the bail application).

Learned APP for the State submits that it is a case of recovery/seizure of 910 grams of 'charas' and the petitioner also has criminal antecedent.

Considering the fact that the police in the FIR has alleged the same to be 'charas' like substance, the motorcycle does not belong to the petitioner and he is in custody since 12.02.2022 as also the charge sheet stands submitted, this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

Patna High Court CR. MISC. No.25127 of 2022(2) dt.08-08-2022 3/3 with two sureties of like amount each to the satisfaction of learned Sessions Judge cum Special Judge, Muzaffarpur in connection with Gaighat P.S. Case No. 70 of 2022, subject to the following conditions.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T