Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1788 of 2021 Arising Out of PS. Case No.-507 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Raja Kumar Son of Chandeshwar Sah Resident of Village Sheikhpur Dhab, P.S. Ahiyapur, District Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Singh For the Opposite Party/s :
Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
04-03-2021 Heard learned counsel for the parties.
The petitioner seeks bail in N.D.P.S. Case No. 45 of 2020, arising out of Ahiyapur P.S. Case No. 507 of 2020, registered for the offence under Sections 20/22 of N.D.P.S. Act. As per the prosecution case, one kg of Ganja was recovered from a plastic bag hanging on the handle of the motorcycle, on which, this petitioner was riding. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. Petitioner is neither owner of the said motorcycle nor has got any concern with the recovered Ganja. In fact, on the alleged date of occurrence, he was going to his house, but he was apprehended by the police and the person, who was driving the motorcycle, had fled away. It is further submitted that the recovered Ganja is of smaller
Patna High Court CR. MISC. No.1788 of 2021(2) dt.04-03-2021 2/2 quantity. Petitioner has got no criminal antecedent and he is in custody since 10.06.2020. Chargesheet has already been submitted.
Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged 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 8th Additional Sessions Judge, Muzaffarpur in connection with N.D.P.S. Case No. 45 of 2020, arising out of Ahiyapur P.S. Case No. 507 of 2020, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled 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."
(Prabhat Kumar Singh, J.) anay U T