Panna Lal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60822 of 2021 Arising Out of PS. Case No.-191 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== PANNA LAL RAI Son of Balli Rai @ Bali Ray, Resident of VillageBilandpur, P.S.- Mahindwara, District- Sitamarhi (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-09-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Minapur P.S. Case No. 191 of 2021 lodged under Sections 20 and 22 of N.D.P.S. Act.

As per allegation made in the F.I.R., total 26 sachet (pudiya) of smack have been alleged to be recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that in the F.I.R. the weight of the said smack has not been ascertained but subsequently report from Forensic Lab has been called for which is attached with this record, according to which the total

Patna High Court CR. MISC. No.60822 of 2021(4) dt.29-09-2022 2/3 weight of smack is 1.82 gm. Learned counsel for the petitioner further submits that the quantity of recovered smack is less than the small quantity. He further submits that petitioner is in custody since 06.06.2021 having clean antecedent and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the 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 Addl. Sessions Judge-Vth, Muzaffarpur in connection with Minapur P.S. Case No. 191 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.60822 of 2021(4) dt.29-09-2022 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T