Umesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43044 of 2021 Arising Out of PS. Case No.-115 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

UMESH RAM Son of Ramprit Ram Resident of Village - Ramnagra, P.S. - Riga, District - Sitamarhi.

2.

Suresh Ram Son of Ramprit Ram Resident of Village - Ramnagra, P.S. - Riga, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate.

Mr. Virendra Kumar, Advocate.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-03-2022 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. for the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioners seek regular bail in connection with Sonbarsa P.S. Case No. 115 of 2021 for the offence punishable under Sections 8/20(b)(ii) (B) of the N.D.P.S. Act. The allegation is of recovery of 6 Kg 460 grams of Marijuana from the motorcycle of the petitioners. Learned counsel appearing on behalf of the petitioners submits that the total quantity of Marijuana which has been

Patna High Court CR. MISC. No.43044 of 2021(4) dt.24-03-2022 2/3 recovered is less than the commercial quantity. The petitioners have clean antecedent and are in custody since 26.04.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioners.

Considering the nature of allegation, without going into the merits of the case, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum Special Judge, Sitamarhi in connection with Sonbarsa P.S. Case No. 115 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(4) If the petitioners are found involved in similar nature of offence, after their release on bail, the trial Court shall

Patna High Court CR. MISC. No.43044 of 2021(4) dt.24-03-2022 3/3 take steps to cancel their bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T