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Patna High CourtCR. MISC./34819/2024bail granted

Deepak Das v. The State Of Bihar

2024-07-26Mr. Justice Harish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34819 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Deepak Das S/o- Late Munna Das Vill- Bhikhanpur Gumti no. 2, Harijan Tola, P.S. Ishakchak, Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-07-2024 Heard the learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Ishakchak P.S. Case No. 07 of 2024, registered for the offence punishable under Sections 21(c) and 22(c) of the NDPS Act, 1985.

3. The police on a secret information regarding storage of huge quantity of codeine cough syrup for sell, raided the house of co-accused Kanhaiya Thakur. When the police reached at the house of co-accused Kanhaiya Thakur, the petitioner was found present. The petitioner disclosed that the codeine cough syrup has been kept in the house of co-accused Kanhaiya Thakur and also disclosed the name of purchaser. On search, total 530 bottles, each containing 100 ml codeine cough

2/4 syrup has been recovered from the house of co-accused.

4. Learned Advocate for the petitioner contended that the alleged recovery has been made from the house of coaccused Kanhaiya Thakur. However, only on the fact that he was present in the house of co-accused Kanhaiya Thakur, his name has been implicated in this case. Moreover, no incriminating material has been recovered from the person or possession of the petitioner. It is further contended that during the course of investigation, no material has come suggesting that the petitioner was involved in trade of cough syrup. However, only on account of one criminal antecedent of identical nature, his name has been implicated in this case. The petitioner has neither any concern with the alleged recovered codeine cough syrup nor with the co-accused persons. It is lastly contended that now the petitioner is in custody since 09.01.2024, moreover, the investigation of the crime is complete and the charge-sheet has been submitted.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the material has come suggesting the involvement of the petitioner in the present crime.

6. Regard being had to the submissions made on

3/4 behalf of the parties and considering the fact that the alleged recovery of the cough syrup has been made from the house of co-accused person, coupled with the fact that the investigation of the crime is complete and the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned District Judge, Bhagalpur in connection with Ishakchak P.S. Case No. 07 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found

4/4 that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

(Harish Kumar, J) shivank/- U T