Ganesh Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37287 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- BIHTA District- Patna ====================================================== GANESH GOSWAMI SON OF LATE BANWARI GOSWAMI @ BANWARI GOSAI RESIDENT OF VILLAGE / MOHALLA - LAI SHIWALA PAR, P.S. - BIHTA, DISTRICT - PATNA, BIHAR AT PRESENT - DOMINIYA POOL NAHAR PAR, SAMASTHU ASTHAN, P.S. - BIHTA, DISTRICT - PATNA, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Kant Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Bihta P.S. Case No. 191 of 2023, registered for the offences punishable under Sections 8(c)/21(a)/27 of Narcotic Drugs and Psychotropic Substances Act, 1985.

As per allegation, 12.980 gm of smack was recovered from possession of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and falsely been implicated in this case. He is a person of clean antecedent and the quantity alleged to be recovered is much lesser than the commercial quantity. He is under custody since 27.02.2023.

Patna High Court CR. MISC. No.37287 of 2023(2) dt.03-07-2023 2/2 Considering the above-mentioned facts and circumstances, clean antecedents as well as the period of detention, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge XVII at Patna, District- Patna in connection with Bihta P.S. Case No. 191 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial till framing of the charge. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Sudha/Kundan U T