Anurag Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23287 of 2020 Arising Out of PS. Case No.-35 Year-2020 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Anurag Singh Son of Suresh Singh Resident of Ramnath Sharma Marg, Ward No.20, P.S.- Nagar Gopalganj, Distt- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Trial No. 1/2020 (arising out of Gopalganj Town P.S. Case No. 35 of 2020), registered for the offence under Sections 8(c)/21(a) of N.D.P.S. Act. As per the prosecution case, 5.19 grams of smack is alleged to have been recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that petitioner has been implicated in this case merely on suspicion. It is further submitted that from the seizure list, it appears that the seized smack has been weighed alongwith papers containing the same and if only material is weighed, it would be much less than 5 gms i.e. less than smaller quantity. It is further submitted that in this case, provision of Section 50 of the N.D.P.S. Act has not been complied and petitioner is in custody since

Patna High Court CR. MISC. No.23287 of 2020(3) dt.04-11-2020 2/2 16-01-2020. Chargesheet has already been submitted. Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the abovenamed 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 1st Additional Sessions Judge-cum-Special Judge, NDPS Act, Gopalganj in connection with Trial Case No. 01 of 2020, arising out of Gopalganj Town P.S. Case No. 35 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