Pintu Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6092 of 2021 Arising Out of PS. Case No.-176 Year-2016 Thana- NOKHA District- Rohtas ====================================================== PINTU BAITHA S/o Late Ramsundar Baitha @ Late Ramswarup Baitha Resident of Village- Bishunpura, P.S.- Nokha, Distt- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Pandey, Adv.

For the Opposite Party/s :

Mr. Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 8©, 20(b), 32, 27(A) of the NDPS Act and Section 120B of the Indian Penal Code. It is alleged that 27.700kg Ganja has been recovered from the house of co-accused Ravindra Kumar Singh. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is the driver of the pick-up van

Patna High Court CR. MISC. No.6092 of 2021(2) dt.16-04-2021 2/2 which belongs to co-accused Rabindra Singh. No incriminating material has been recovered from the possession of the petitioner. He further submits that petitioner is languishing in judicial custody since 09.01.2020.

In the facts and circumstances of the case, let the petitioner, above named, be released 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 the learned Sessions Judge-cum-Special Judge, NDPS Act Rohtas at Sasaram in connection with NDPS Case No. 17 of 2017 arising out of Nokha P.S. Case No. 176 of 2016, subject to the conditions:

(I) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(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.

(Anjani Kumar Sharan, J) devendra/- U T