Ranjit Nayak @ Ranjit Kumar Nayak @ Ranjit Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24736 of 2020 Arising Out of PS. Case No.-162 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Ranjit Nayak @ Ranjit Kumar Nayak @ Ranjit Nayak, Son of Late Sangam Nayak, Resident of Village and Police Station- Laukaha, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr. Umesha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-10-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Laukaha P.S. Case No.162 of 2020 (G.R. No.12 of 2020) registered for the offence punishable under Section 27(b)/27(d)/28 of the Drugs and Cosmetic Act, 1940, Section 7/11/46/47 of the Customs Act and Section 21/22(c) of the NDPS (Amendment)

Patna High Court CR. MISC. No.24736 of 2020(4) dt.12-10-2020 2/3 Act.

Medicines have been recovered from the house of the petitioner in an alleged search. Without disclosing the source from where he had obtained the medicines, the petitioner was selling the same illegally.

It is submitted by the petitioner's counsel that on request by some villagers, medicines have been brought as a flavour. The recovery is of normal drugs. There is no recovery of any intoxicant substance and he is in jail custody since 13.06.2020.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released 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 learned District & Sessions Judge, Madhubani, in connection with Laukaha P.S. Case No.162 of 2020 (G.R. No.12 of 2020), subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is

Patna High Court CR. MISC. No.24736 of 2020(4) dt.12-10-2020 3/3 related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T