Patna High CourtCR. MISC./34858/2022bail granted

Rajaram Mahto v. The State Of Bihar

2022-09-13Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34858 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- TARIYANI CHOWK District- Sheohar ====================================================== RAJARAM MAHTO Son of Late Anchit Mahto Resident at VillageVishunpur Bindi, Ward No. 13, P.S.- Tariyani, District - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar Singh,Advocate For the Opposite Party/s :

Mr.Upendra Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Tariyani P.S. Case No. 50 of 2022 for the offences under Sections 8 and 20 (B) (ii) © of the Narcotic and Psychotropic Substance Act.

As per the FIR, the police upon secret information, raided his tea stall and recovered/seized 1.50 kg 'ganja' as also 24 pieces of 'chilam'.

Learned counsel for the petitioner submits that recovery/seizure of 'ganja' is much below the commercial quantity and slightly above the smaller quantity for which he

Patna High Court CR. MISC. No.34858 of 2022(2) dt.13-09-2022 2/3 has already suffered a lot by being in custody since 13.02.2022 (as stated in paragraph 6 of the bail application). Considering the quantity of recovery/seizure of 'ganja' as also the fact that he is in custody since 13.02.2022, charge sheet stands submitted, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen Thousand) with two sureties of like amount each to the satisfaction of learned District and Session Judge-cum-Special Judge, Sheohar in connection with N.D.P.S. Case No. 03 of 2022 arising out of Tariyani P.S. Case No. 50 of 2022, subject to the following conditions. (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.34858 of 2022(2) dt.13-09-2022 3/3 criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/NehaU T