Laleshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38070 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Laleshwar Sah Son of Late Anirudh Sah R/O Village- Murliganj, P.S.- Murliganj, District- Madhepura ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-09-2022 Heard Mr. Uday Chand Prasad, learned counsel for the petitioner and the State.

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

The case is registered under sections 18, 20, 22 of the N.D.P.S. Act, in connection with Murliganj P.S. Case No. 152 of 2022, NDPS Case No. 13 of 2022.

As per the prosecution story, the police upon information intercepted one Pradeep Sharma and upon search 200 grams was recovered from his possession and on his disclosure, the police reached the house of the petitioner herein and upon search, 250 grams of 'Ganja' was recovered. Accordingly, seizure list was prepared and the FIR was instituted.

Patna High Court CR. MISC. No.38070 of 2022(2) dt.28-09-2022 2/3 Learned counsel for the petitioner submits that for the alleged recovery of 250 grams of 'Ganja', he has suffered by being in custody since 31.03.2022 and has been implicated by the police only because he has criminal antecedent. Taking into account the quantity of recovery, is in custody since 31.3.2022 and charge-sheet stands submitted, this Court is inclined to grant him the 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 Additional Sessions Judge-1st -cum-Special Judge, Madhepura, in connection with Murliganj P.S. Case No. 152 of 2022, NDPS Case No. 13 of 2022 subject to the following conditions: (i) one of the bailors should be the family members 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;(v) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;

Patna High Court CR. MISC. No.38070 of 2022(2) dt.28-09-2022 3/3 (vi) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(vii) the petitioner shall desist from committing any 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) Ravi/Ajay Singh U T