Santosh Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53542 of 2021 Arising Out of PS. Case No.-691 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== Santosh Raut Son Of Panilal Raut @ Pannalal Raut Resident Of VillageVishrampur, P.S- Sonbarsa Dist- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Ms. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Sitamarhi P. S. Case No.691 of 2020, instituted for the offences under Sections 414, 34 of the Indian Penal Code and Sections 20, 22 of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 15.12.2020, charge-sheet has been submitted in the case and has antecedent of one case, but the case is not under the N.D.P.S. Act. Allegation is of recovery 500 grams of ganja and a stolen motorcycle from the possession of the petitioner. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.53542 of 2021(2) dt.14-02-2022 2/3 petitioner was completely unaware that he had purchased a stolen motorcycle as the person from whom, he had purchased had assured that the documents would be made available later. It is further submitted that as far as allegation of carrying 500 grams of ganja is concerned, it is submitted that same is false and fabricated. Learned counsel further submits that co-accused Shambhu Raut has been granted bail by order dated 16.11.2021 in Cr. Misc. No.46153 of 2021.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and it is his first offence under the N.D.P.S. Act and the recovery is less than the small quantity and the co-accused has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Sitamarhi in connection with Sitamarhi P. S. Case No.691 of 2020, subject to condition that one of the bailers

Patna High Court CR. MISC. No.53542 of 2021(2) dt.14-02-2022 3/3 shall be the father of the petitioner namely, Panilal Raut @ Pannalal Raut.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T