Ram Swaroop Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51093 of 2023 Arising Out of PS. Case No.-224 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ram Swaroop Sahni Son Of Late Bisheshwar Sahni R/O-Koluha Paigambarpur, P.S.-Ahiyapur, Distt.-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with N.D.P.S. Case No.24 of 2021, arising out of Ahiyapur P.S. Case No.224 of 2021, registered for the offences punishable under Sections 20/22 of the N.D.P.S. Act.
3. Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner was rejected vide order dated 28.09.2022 passed in Cr. Misc. No.46965 of 2021, with condition that liberty is granted to the petitioner to move for bail ten months after framing of the Charges and the trial Court is directed to expedite the trial at the earliest. Learned counsel further submits that charges have been framed against the petitioner on 13.09.2022. Counsel for the petitioner submits
Patna High Court CR. MISC. No.51093 of 2023(4) dt.06-10-2023 2/3 that report has been called for. From the report it transpires that out of six charge sheeted witnesses not a single witness even produced by the prosecution till date.
5. Learned counsel for the State submits that as per observation ten months from the date of framing of the charges has elapsed. .
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Muzaffarpur, in connection with N.D.P.S. Case No.24 of 2021, arising out of Ahiyapur P.S. Case No.224/2021, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.51093 of 2023(4) dt.06-10-2023 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U