Ravindra Mahato @ Ravindra Dangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51291 of 2021 Arising Out of PS. Case No.-8 Year-2015 Thana- KUCHILA District- Kaimur (Bhabua) ====================================================== Ravindra Mahato @ Ravindra Dangi Son Of Kouleshwar Dangi @ Kailash Dangi R/O Village- Tetaria, P.S.- Pathalgada, District- Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical Court.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Kuchhila P.S. Case No. 8 of 2015 registered for the offences under Sections 15 and 18 of the N.D.P.S. Act. The prosecution case in brief is that on the secret information the informant went to village Kailashpur and found that Ranjan Kumar of village Kailashpur was involved in the framing of Opium. He arrested co-accused Ranjan Kumar. Co-accused Ranjan Kumar confessed that on the

Patna High Court CR. MISC. No.51291 of 2021(2) dt.04-01-2022 2/3 suggestion of Rabindra Mahto he started farming of opium with the help of other co-accused. From the field of Ranjan Kumar total 265 plants of opium were seized.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from possession of the petitioner. Name of the petitioner has come on the information given by the co-villagers as the helper of coaccused Ranjan Kumar. He further submits that co-accused Ranjan Kumar has been allowed bail by a coordinate Bench of this Court vide order dated 09.11.2015 (Annexure-2) in Cr. Misc. No.42792 of 2015. The petitioner is in custody since 15.05.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that petitioner has got one criminal antecedent.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Kaimur at Bhabua, in connection with Kuchhila P.S. Case

Patna High Court CR. MISC. No.51291 of 2021(2) dt.04-01-2022 3/3 No.8 of 2015 with 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 canceled 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Mkr./- U T