Patna High CourtCR. MISC./24248/2020bail granted

Raju Manjhi v. The State Of Bihar

2020-09-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24248 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- VALMIKINAGAR District- West Champaran ====================================================== Raju Manjhi Son of Sukai Manjhi Resident of Village- Musahari Jang Rai Tola Ward No.10, P.S.- Dhanha, Dist- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Valmiki Nagar P.S. Case No. 5 of 2020, registered for the offence punishable under Sections 20 & 22 of the N.D.P.S. Act.

As per the prosecution case, three miscreants were apprehended on the motorcycle and 8 Kg. of Ganja is said to have been recovered from their possession.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The petitioner is innocent and has been falsely implicated in this case by the informant. The petitioner was simply standing there, but only on suspicion, he was made accused. It is further

Patna High Court CR. MISC. No.24248 of 2020(2) dt.23-09-2020 2/2 submitted that similarly situated co-accused has already been granted bail by this Court, vide order dated 15-09-2020 passed in Cr.Misc. No. 22917 of 2020. The petitioner has got clean antecedent and he is in custody since 22-01-2020. Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Champaran, Bettiah in connection with Valmiki Nagar P.S. Case No. 5 of 2020, on the following conditions:

"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T