Ram Pravesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37862 of 2021 Arising Out of PS. Case No.-56 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== Ram Pravesh Mahto S/o Ram Fal Mahto Resident of Village- Chandranagar, Village- Palika Ward No.3, P.S.- Barkurwa, District- Sarlahi, Nepal ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 414 and other ancillary sections of the Indian Penal Code and sections 18(A)(c ) and Rule 27(B)(II)/28 of the Drugs and Cosmetics Act.

As per the prosecution case, 230 bottles of dry cough syrup have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has claimed clean antecedent and he is in custody

Patna High Court CR. MISC. No.37862 of 2021(2) dt.23-09-2021 2/2 since 6.3.2021.

Considering the facts and circumstances of the case and the fact that let the petitioner, mentioned above, 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 Additional Sessions Judge I cum Special Judge, Drug and Cosmetics Act, Sitamarhi in Sonbarsa Police Station Case No. 56 of 2021 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her 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) shashi/- U T