Ramesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51793 of 2021 Arising Out of PS. Case No.-131 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Ramesh Das S/o- Late Murali Das Resident of Village- Bhabua Ward No.13, P.S.- Bhabua, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in connection with N.D.P.S. Case No. 26 of 2020 arising out of Bhabua P.S. Case No. 131 of 2020 instituted for the offences under Sections 18/21, 21(B)/27(A) of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 11.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that informant alleges that he proceeded to investigate Bhabua P.S. Case No. 105 of 2020 in which the petitioner along with Deepak Das was involved, accordingly Deepak was arrested on 26.02.2020 and from his possession a knife was seized, further

Patna High Court CR. MISC. No.51793 of 2021(2) dt.08-02-2022 2/3 he disclosed that he takes smack and had injured Shamshad Shekh when he denied to part with the borrowed money, further he purchased heroin from Tufani Gona and Firoj. It is next alleged that Tufani Gond and Firoj were arrested and from their possession heroin was recovered and Tufani Gond disclosed that he purchased the heroin form the petitioner.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot and his name transpired in the confessional statement of co-accused as such nothing was recovered from his possession. Further, it is submitted that co-accused Firoj has been granted bail vide order dated 04.11.2020 passed in Cr. Misc. No. 27870 of 2020 and Tufani Gond has been granted bail vide order dated 02.11.2020 passed in Cr. Misc. No. 28177 of 2020. Learned counsel thus submits that the accused on whose confessional statement name of the petitioner transpired has been granted bail as aforesaid. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 11.06.2021, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent and the co-accused on whose confessional statement his name transpired has been

Patna High Court CR. MISC. No.51793 of 2021(2) dt.08-02-2022 3/3 granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III-cum-Special Judge, N.D.P.S. Act, Kaimur at Bhabua in connection with N.D.P.S. Case No. 26 of 2020 arising out of Bhabua P.S. Case No. 131 of 2020.

(Satyavrat Verma, J) Rishi/- U T