Ratan Mohan Singh @ Chiku @ Ratan Mohan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42265 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- KRITYANAND NAGAR District- Purnia ====================================================== RATAN MOHAN SINGH @ CHIKU @ RATAN MOHAN CHAUDHARY S/O SUDARSHAN CHAUDHARY @ SUDARSHAN PRASAD CHAUDHARY R/O VILLAGE-MUGALIYA PURANDAHA, P.SDHAMDAHA, DISTRICT-PURNIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Special Case No. 17 of 2021, arising out of Purnea K. Nagar P.S. Case No. 84 of 2021 for the offence punishable under Section 8/21, 22(B)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The prosecution case, in brief, is that on a secret information that some narcotics drugs are being transported, a raid was conducted and five accused persons were arrested from a Swift Dezire car and on search, 1 Kg. 500 gm. of Brown Sugar
2/4 was recovered and the apprehended co-accused disclosed that the aforesaid Brown Sugar was to be delivered to the co-accused Rajesh Kumar @ Pani Mandal.
Learned counsel appearing on behalf of the petitioner submits that the petitioner has been named in the F.I.R. on mere suspicion that he along with others are one of the members of the gang involved in illicit trade of Brown Sugar. However, nothing has been recovered either from his physical possession or from the house of the petitioner. He further submits that petitioner works in a company, namely, Parkeh Integrated Private service Ltd. as MDR in sales and marketing department and was going to his office at Banmakkhi and it was just coincidence while he was returning from his office, the petitioner intercepted by the accused persons in the car. The alleged illicit Brown Sugar was recovered from the possession of Amrit Kumar @ Sajjan, Amit Kumar @ Jaikar and Satyam Kumar Singh.
He further submits that similarly situated coaccused Aman Kumar Singh @ Aman Singh and Rajesh Kumar @ Pani Mandal have already been released on bail vide order dated 02.11.2021 passed in Criminal Miscellaneous No. 43756 of 2021 and order dated 02.03.2022 passed in Criminal Miscellaneous No.
3/4 report of the mobile number of the petitioner, which was collected in course of investigation does not establish that the petitioner is involved in this case. The petitioner is in custody since 03.03.2021.
Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.
Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS, Act, Purnea in connection with Special Case No. 17 of 2021, arising out of Purnea K. Nagar P.S. Case No. 84 of 2021, subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers 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 petitioner.
4/4
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
(Purnendu Singh, J) manish/- U T