Sultan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35846 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Sultan Das Son of Late Mahabir Das Resident of village - Kabirnagar Thutha, Parariya, P.S.- Bihariganj, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Udakishunganj P.S. Case No. 24 of 2022 lodged under Sections 8, 20 (b) (ii) (A) of the N.D.P.S. Act.

As per the prosecution case, the allegation of robbery of an NDPS material(Ganja) is there in the F.I.R. against the present petitioner upon weight 250 gm.

Learned counsel for the petitioner submits that the said Ganja is below small quantity as per the schedule of NDPS Act. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since

Patna High Court CR. MISC. No.35846 of 2022(2) dt.19-09-2022 2/3 06.02.2022. He further submits that he shall not involve in such type of activity again.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Madhepura in connection with Udakishunganj P.S. Case No. 24 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.35846 of 2022(2) dt.19-09-2022 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) prakashmani/- U T