Patna High CourtCR. MISC./35626/2020bail granted

Suraj Choudhary v. The State Of Bihar

2021-01-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35626 of 2020 Arising Out of PS. Case No.-334 Year-2020 Thana- HAJIPUR District- Vaishali ====================================================== Suraj Choudhary, aged about 24 years, Son Of Arun Chaudhary Resident Of Village - Hathsarganj, Ward No. 1, P.S. - Hajipur Town, District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anuj Kumar, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for the offence punishable under sections 8/20(w)(II)(B)/29 of the NDPS Act.

As per the prosecution case, 2.5 kilograms Ganja has been recovered from a bag which was carried by the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Alleged recovery is less than commercial quantity. Besides this, the mandatory provision for search and seizure has not been followed in the instant case. Charge sheet has already been submitted. Petitioner is in custody since 15.5.2020. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on

Patna High Court CR. MISC. No.35626 of 2020(3) dt.22-01-2021 2/2 bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge NDPS, Vaishali in Hajipur Town Police Station Case No. 334 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T