Sagar Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29088 of 2022 Arising Out of PS. Case No.-235 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SAGAR KUMAR PATEL S/o Vinay Patel R/o Mohalla- Hola Bandh Road, Mahabir Asthan, P.S.- Town, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Chaubey, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 8, 20(b)(ii)A of the N.D.P.S. Act. and Section 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 750 milliliters of foreign liquor from the possession of the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that it appears from the F.I.R. and the seizure list, no contraband substance or article has been recovered from the possession of the petitioner. However,

Patna High Court CR. MISC. No.29088 of 2022(2) dt.29-08-2022 2/3 one bottle of 750 ml of foreign liquor has been recovered from the possession of the petitioner. He further submits that it is apparent from the seizure list that the contraband substance like ganja has been recovered from the possession of the co-accused. He further submits that the petitioner has sufficiently been punished for the little recovery of foreign liquor. The petitioner is rotting in judicial custody since 23.03.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Court below where the case is pending in connection with Ahiyapur P.S. Case No. 235 of 2022 with 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 canceled

Patna High Court CR. MISC. No.29088 of 2022(2) dt.29-08-2022 3/3 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T