Ravi Kumar @ Monu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56033 of 2021 Arising Out of PS. Case No.-601 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== RAVI KUMAR @ MONU S/o Sri Deo Saw R/v- Rashtriyaganj, P.S.- Phulwarisharif, Distt- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Special Case No. 90 of 2021 arising out of Phulwarsharif P.S. Case No. 601 of 2021 registered for the offense under Sections 20 and 22 of the N.D.P.S. Act.

Recovery is of 20 grams of brown sugar containing in 20 purias each having 1 gram.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.56033 of 2021(2) dt.27-01-2022 2/3 implicated in this case. He further submits that it appears from the F.I.R. itself that total 20 gram of brown sugar has been recovered from the possession of the co-accused, Abhishek Kumar @ Karu and on whose disclosure, name of this petitioner has surfaced in this case. He further submits that nothing has been recovered from the conscious possession or house of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is rotting in judicial custody since 13.08.2021 Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

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 Sessions Judge -cum- Special Judge, N.D.P.S., Patna in connection with Special Case No. 90 of 2021 arising out of Phulwarisharif P.S. Case No.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.56033 of 2021(2) dt.27-01-2022 3/3 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) brajesh/- U T