Pintu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37471 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- MANPUR District- West Champaran ====================================================== Pintu Ansari Son of Mustaq Ansari, Resident of Chaurrasiya Nagar, P.S.- Ram Nagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 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 Manpur P.S. Case No. 50 of 2022, lodged under Sections 20, 21, 23, 24 & 27 of the NDPS Act.

As per the prosecution case, the recovery of 8.065 Kg. of Ganja has been alleged to be recovered from the possession of petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 19.04.2022 and charge sheet has been filed without FSL report. He further submits that the amount of Ganja recovered from the possession of petitioner is

Patna High Court CR. MISC. No.37471 of 2022(2) dt.22-09-2022 2/3 much less than the commercial quantity. On the point of criminal antecedent, learned counsel for the petitioner submits that one criminal case is pending against the petitioner which is not of NDPS Act. Learned counsel for the petitioner further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. 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 Sessions Judge, West Champaran, Bettiah in connection with Manpur P.S. Case No. 50 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

Patna High Court CR. MISC. No.37471 of 2022(2) dt.22-09-2022 3/3 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 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.) ritik/- U T