Munna Rai @ Munna Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53136 of 2022 Arising Out of PS. Case No.-82 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== Munna Rai @ Munna Ray, aged about 50 years (M), Son of Late Sahdeo Rai, R/O Village- Rupaswaj, P.S. Bachhwara, District- Begusarai. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Jai Prakash Singh, Advocate For the Opposite Party :
Mr. Rajeev Nayan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Bachhwara P.S. Case No. 82 of 2018, corresponding to N.D.P.S. Case No. 08 of 2018 registered for the offences under Sections 20 and 22 of the N.D.P.S. Act.
The prosecution case, in brief, is that 32 kgs., Ganja is said to have been recovered from the house of the petitioner. This is third attempt on behalf of the petitioner for grant of bail.
Earlier bail applications of the petitioner were rejected vide Cr. Misc. No. 62270 of 2019 under order dated 07.11.2019 and Cr. Misc. No. 55850 of 2021 under order dated 05.01.2022 by a Bench of this Court, annexed as Annexures-1 and 2 to the
Patna High Court CR. MISC. No.53136 of 2022(7) dt.05-07-2023 2/3 present bail application taking into account that 32 kgs. Ganja is said to have been recovered from the house of the petitioner and the petitioner was not entitled for grant of bail in light of Section 37 of the N.D.P.S. Act.
A report was called for from the learned court below regarding the present stage of the case. It has been reported that out of six prosecution witnesses, four prosecution witnesses have already been examined.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.05.2019. He has remained in custody for more than four years. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. There is no recovery from the conscious possession of the petitioner. The petitioner had no knowledge regarding the contraband kept in the house. Learned counsel for the petitioner has further relied upon the case of Mohd. Muslim @ Hussain Versus State (NCT of DELHI) passed in Cr. Appeal No(s). 943 of 2023, arising out of Special Leave Petition (CRI. ) No(s). 915 of 2023 rendered by Hon'ble Supreme Court. It has further been pointed out that the Hon'ble Supreme Court considered Section-37 of the N.D.P.S. Act, and taking into account multiple factors, granted bail to the
Patna High Court CR. MISC. No.53136 of 2022(7) dt.05-07-2023 3/3 accused. The case of the petitioner comes within the purview of the judgment as referred above.
Considering the same and coupled with the fact that there is no chance of the trial being concluded in near future and the petitioner has remained in custody for more than four years, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, N.D.P.S. Act, Begusarai in connection with Bachhwara P.S. Case No. 82 of 2018, corresponding to N.D.P.S. Case No. 08 of 2018. Further, the petitioner shall be present on each and every date before the learned trial court. If he fails to appear on two consecutive dates, learned court below will be at liberty to cancel the bail bonds of the petitioner.
(Sudhir Singh, J) U.K./- U T