Patna High CourtCR. MISC./47588/2024bail granted

Ravindra Singh v. The State Of Bihar

2024-08-23Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47588 of 2024 Arising Out of PS. Case No.-15 Year-2022 Thana- BEUR District- Patna ====================================================== Ravindra Singh S/o Late Ramji Singh Resident of Village Dashratha Paen Sipara, P.S. - Beur, Distt. - patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the State :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-08-2024 Heard Mr. Santosh Kumar Singh, learned counsel for the petitioner and Mr. Kalyan Shankar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 07.01.2024, in connection with Beur P.S. Case No. 15 of 2022, FIR dated 06.01.2022 for the offences punishable under Sections 8, 20(b) (ii) (c) and 22 (c)of the N.D.P.S. Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 24.02.2023 passed in Cr. Misc. No. 37045 of 2022. Thereafter, the petitioner has again moved before this Hon'ble Court in Cr. Misc. No. 10285 of 2024 but the same was withdrawn on 09.02.2024 with liberty to file a fresh application before the learned Court below.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.47588 of 2024(3) dt.23-08-2024 2/3 implicated in the present case. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that from a bare perusal of the FIR as well as seizure list it appears that recovery have been made from the house of the co-accused person, namely, Deepak Kumar and as per the allegation in the FIR the petitioner was present along with co-accused person.

5. Vide order dated 18.07.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 02.08.2024 reveals that altogether 12 prosecution witnesses are named in the present case but till date prosecution has not examined any witness as yet.

6. Learned counsel for the petitioner submits that in view of the report of the learned trial Court that there is no chance of early conclusion of the trial in near future and the petitioner is in custody since 07.01.2022 from more than two year and eight months.

7. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.

8. Considering the aforesaid facts and the report of the learned trial Court as well as period of custody, let the, above named, petitioner be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.47588 of 2024(3) dt.23-08-2024 3/3 Rs. 25,000/- (Twenty-five thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (N.D.P.S.)-I, Patna in connection with Beur P.S. Case No. 15 of 2022 with the following conditions:- (i) 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.

(ii) 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) ajay/- U T