Deepak Pandit @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34895 of 2021 Arising Out of PS. Case No.-1408 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== DEEPAK PANDIT @ DEEPAK KUMAR S/o Vishwanath Pandit Resident of Village- Ahiyapur, P.O.- Bhikhanpur, P.S.- Ahiyapur, Distt- Muzaffarpur, at present Muhalla- Jiyalal Chowk, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manindra Kishore Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Ahiyapur P.S. Case No. 1408 of 2019 (NDPS 44/19) IA No. 01/2019, registered for the offence punishable under Sections 20/22 of the NDPS Act. Earlier the bail application of petitioner was rejected vide order dated 25.09.2020.

It is submitted on behalf of the petitioner that small quantity of Charas was recovered from possession of the petitioner and similarly situated co-accused have subsequently been granted bail by this Court vide order dated 02.06.2020 passed in Cr. Misc. No. 16777 of 2020, dated 09.06.2020 passed

Patna High Court CR. MISC. No.34895 of 2021(2) dt.07-09-2021 2/2 in Cr. Misc. No. 17296 of 2020 dated 23.06.2020 passed in Cr. Misc. No. 18207 of 2020 vide Annexure 3 series. Petitioner is in custody since 30.11.2019.

Considering the period of custody and the fact that similarly situated co-accused have been granted bail by this Hon'ble Court, the petitioner above-named, is directed to be enlarged 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 IV Additional Sessions Judge-cumSpecial Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1408 of 2019 (NDPS 44/19) IA No. 01/2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T