Indal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5894 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== Indal Singh, Son of Niro Singh, Resident of Village - Barun, P.S.- Beldaur, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-07-2021 The matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Special Case No.1A/2020 arising out of Beldaur P.S. Case No.49 of 2020 registered for the offence punishable under Section 8/20(b) (ii)(c)/25/29 of the N.D.P.S. Act.

The instant petitioner along with his wife was indulging in trade of illicit liquor and cannabis. On such information, the police personnel have arrived at the house. 797.22 litres illicit liquor and 3.800 Kg. Ganja have been recovered from his house, from where the petitioner's wife has also been arrested.

Patna High Court CR. MISC. No.5894 of 2021(3) dt.22-07-2021 2/3 Petitioner's counsel submits that even as per the prosecution case, the petitioner was not present at the time and place of recovery. It is a case of false implication. Based on the same allegations, two cases have been lodged. The instant case is only in relation to the recovered Ganja. For the recovered liquor, there is a separate case. The alleged recovery is of small quantity. The petitioner has not been made accused under the NDPS Act prior to the instant case and he is in custody since 09.09.2020. He is accused in two more cases pending against him since before as per the details contained in paragraph 3 of the bail petition.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, 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 the learned Sessions Judge-cum-Special Judge (N.D.P.S.), Khagaria, in connection with Special Case No.1A/2020 arising out of Beldaur P.S. Case No.49 of 2020, subject to the following conditions:

Patna High Court CR. MISC. No.5894 of 2021(3) dt.22-07-2021 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T