Ranjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31075 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== RANJEET SINGH S/o Sri Bihari Singh Resident of Village- Laualagan, P.S.- Chausa, District- Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Thakur For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 02-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Chausa P.S. Case No. 63 of 2022 registered for the offences punishable under Sections 20, 22, 23 and 24 of the N.D.P.S. Act. As per prosecution case, there is alleged recovery of 2.5 KG ganja from the plastic bag of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 02.04.2022. Petitioner bears no criminal antecedent. Learned counsel further submits that the petitioner is falsely implicated in this case as he was in the temple premises. Nothing has been recovered from the

Patna High Court CR. MISC. No.31075 of 2022(2) dt.02-11-2022 2/3 conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner was normally present within the premises of temple to sell articles needed for Puja of Baba Bishu Raut. Petitioner has no knowledge either of police raid or of Ganza smugglers. He was caught hold by police party only because he was present within the temple premises.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. He further submits that the alleged recovery was from the plastic bag of the petitioner and said recovery is more than small quantity and less than commercial quantity.

Considering the facts and circumstances of the case as well as period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge N.D.P.S. Act, Madhepura in connection with Chausa P.S. Case No. 63 of 2022, subject to following conditions:-

Patna High Court CR. MISC. No.31075 of 2022(2) dt.02-11-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.

(Alok Kumar Pandey, J) amitkr/- U T