Chanchal @ Pranav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40097 of 2021 Arising Out of PS. Case No.-368 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== CHANCHAL @ PRANAV KUMAR Son of Prabhu Singh Resident of Mohalla - Azad Nagar, Ward No. 12, P.S. and District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with N.D.P.S. Special Case No. 09/ 2021, arising out of Madhepura P.S. Case No. 368/ 2021 registered for the offences punishable under Sections 21, 22 of the N.D.P.S. Act.

As per prosecution case, 8.770 gram of Ganja, 8 pudia Bhang and other articles have been recovered from nearby jail wall of Madhepura Jail.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.40097 of 2021(4) dt.02-03-2022 2/3 implicated in the present case. He further submits that it appears from the FIR as well as seizure list that 8.770 gm ganja and other articles have been recovered from nearby jail wall of Madhepura Jail. He further submits that nothing has been recovered from conscious possession of the petitioner. Petitioner has been implicated in this case only on the basis of suspicion. He further submits that police after investigation submitted charge sheet against the petitioner and petitioner is in custody since 06.05.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances, 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 Sessions Judge cum Special Judge, N.D.P.S. Act, Madhepura in connection with N.D.P.S. Special Case No. 09/ 2021, arising out of Madhepura P.S. Case No. 368/ 2021, subject to 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

Patna High Court CR. MISC. No.40097 of 2021(4) dt.02-03-2022 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his 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.

3. 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) shahzad/- U T