Pintu Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29561 of 2019 Arising Out of PS. Case No.-353 Year-2017 Thana- WARISLIGANJ District- Nawada ====================================================== PINTU SINGH, aged about 45 years, Male, Son of late Bhuneshwar Singh, R/o Village- Chiraiyan, P.S.- Warisaliganj, District .- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-05-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special (N.D.P.S.) Case No. 01 of 2018 arising out of Warisaliganj P.S. Case No. 353 of 2017 registered for the offences punishable under Sections 20, 22, 23 of N.D.P.S. Act. Informant who is police officer has alleged in his written complaint that on secret information that petitioner has planted Ganja within his boundary wall, raided the place and found 12 Ganja plants which had cropped up on bush and were cut and removed and on weighing same was 100 Kg. Petitioner

Patna High Court CR. MISC. No.29561 of 2019(2) dt.08-05-2019 2/3 was not present in the house. Seizure list was pasted on the wall of the house.

It has been submitted on behalf of the petitioner that he is innocent and was not residing in the house and same was in abandoned condition and he had not planted the Ganja plant and same may have cropped up as wild plant. Petitioner has no criminal antecedent and is in custody since 14.04.2018 Petitioner has earlier moved this Court for bail vide Cr. Misc. No. 28587 of 2018 which was rejected on 10.09.2018 with a liberty to renew his prayer for bail after completion of one year in custody. Petitioner is in custody since 14.04.2018. Considering the aforesaid facts and circumstances of the case and the observation made in order dated 10.09.2018 passed in Cr. Misc. No. 28587 of 2018, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Nawada in connection with Special (N.D.P.S.) Case No. 01 of 2018 arising out of Warisaliganj P.S. Case No. 353 of 2017 with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.29561 of 2019(2) dt.08-05-2019 3/3 represented on each and every date fixed by the court.

(3) 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T