Akash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40445 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- JOGBANI District- Araria ====================================================== AKASH SAH Son of Ganesh Sah Resident of Village - Khajurbari, P.S.- Jogbani, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, APP For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 414 of the IPC, Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 27 (ii) (b), 28 read with Section 36 of the Drugs and Cosmetics Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather different types of drugs is said to have been recovered from the vehicle of the petitioner. He

Patna High Court CR. MISC. No.40445 of 2021(2) dt.08-10-2021 2/3 submits that petitioner was apprehended at the spot. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 21.03.2021.

Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No. 2065104000002257, IFSC IBKL 0002065, IDBI Bank, Kidwaipuri Branch, Patna. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Jogbani P.S. Case No. 54 of 2021 corresponding to Special case No. 320 of 2021, subject to the conditions:

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

Patna High Court CR. MISC. No.40445 of 2021(2) dt.08-10-2021 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000.00 (Rupees Twenty Thousand) in the Chief Minister Relief Fund Bihar.

(Anjani Kumar Sharan, J) devendra/- U T