Satrudhan Singh @ Chhotak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26908 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- AAYAR District- Bhojpur ====================================================== Satrudhan Singh @ Chhotak Singh S/o Devdat Singh Resident of Village - Baligaw, P.S. Ayar, District - Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with NDPS Case No. 15 of 2022 arising out of Ayar P.S. Case No. 141 of 2021, lodged under Sections 21 (b) of the N.D.P.S. Act. As per the F.I.R. the recovery of NDPS material has been taken place from the possession of the other accused persons but not from the present petitioner.

Learned counsel for the petitioner submits that the present petitioner has not been apprehended from the place of occurrence, his name has been figured in this case by virtue of

Patna High Court CR. MISC. No.26908 of 2022(2) dt.12-09-2022 2/3 confessional statement of the accused person. He further submits that name of petitioner has been figured in this case on suspicion only. He further submits that a similarly situated coaccused person Vijay Kumar Singh has been granted bail by the Co-ordinate Bench of Court vide order dated 23.05.2022 passed in Cr. Misc. No.5191 of 2022. He further submits that petitioner is in custody since 31.01.2022 having no criminal antecedent and charge sheet has already been filed.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above and that no recovery has been made from the possession of petitioner, let the petitioner above named, be granted bail on furnishing bail bonds of Rs 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. V, Bhojpur at Ara in connection with N.D.P.S. Case No. 15 of 2022 arising out of Ayar P.S. Case No. 141 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date

Patna High Court CR. MISC. No.26908 of 2022(2) dt.12-09-2022 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With these observations, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T