Sohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55586 of 2023 Arising Out of PS. Case No.-346 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Sohan Kumar S/o Rajdeo Paswan R/o P.L College Daudpur, P.S.-Masaurhi, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 22.05.2023 in connection with Masaurhi P.S. Case No. 346 of 2023, F.I.R. dated 21.05.2023 for the offences punishable under Sections 8/20(b) (ii)B of the N.D.P.S. Act.

3. Recovery is of 1.09 gram brown sugar, cash Rs. 400/- and one mobile phone.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that 1.09 gram brown sugar, cash Rs. 400/- and one mobile phone have been recovered from the possession of the petitioner. He further submits that

Patna High Court CR. MISC. No.55586 of 2023(2) dt.04-09-2023 2/3 there is non-compliance of the mandatory provision of Section 50 of the N.D.P.S. Act and it appears that the recovered contraband is less than the small quantity. Hence, there is no embargo under Section 37 of the N.D.P.S. Act for grant of bail to the petitioner. He further submits that the similarly situated co-accused, namely, Nitish Kumar has been granted bail by this Hon'ble Court vide order dated 23.08.2023 passed in Cr. Misc No. 53540 of 2023. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 22.05.2023.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances and the fact that the recovered contraband is less than the small quantity, 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/Special Judge (NDPS), Patna in connection with Masaurhi P.S. Case No. 346 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.55586 of 2023(2) dt.04-09-2023 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. 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.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T