Satyendra Prasad Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50495 of 2023 Arising Out of PS. Case No.-290 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== SATYENDRA PRASAD JAISWAL S/O SARAYU PRASAD SAH R/O VILLAGE- BHARKHAR, P.S- MOHANIA, DISTT.- KAIMUR AT BHABUA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Mohania P.S. Case No. 290 of 2023 dated 03.05.2023 registered for the offences punishable u/ss 8(c)/21(a) of the N.D.P.S. Act.

4. As per the prosecution case, 1.330 gram heroin was recovered from the pocket of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.50495 of 2023(2) dt.16-08-2023 2/2 this case. The petitioner has no concern with the alleged recovery. The seized contraband is of small quantity. The petitioner is accused in one more criminal case of similar nature as stated in para 3 of the bail petition. The petitioner is in custody since 04.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabua in connection with Mohania P.S. Case No. 290 of 2023 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T