Patna High CourtCR. MISC./10576/2021bail granted

Ajay Krishna v. The State Of Bihar

2021-05-21Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.10576 of 2021 Arising Out of PS. Case No.-349 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== AJAY KRISHNA SON OF SHANKAR RAY @ SHRI SHANKAR RAI RESIDENT OF VILLAGE- KOLHUA PAIGAMBARPUR, P.S.- AHIYAPUR, DISTRICT- MUZAFFARPUR.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-05-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Amit Kumar Rakesh, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Kanti P.S. Case No. 349 of 2020 registered for the offences punishable under Sections 8, 20(b)(ii)(C) and 22 (C) of the Narcotics Drugs and Psychotropic Substances Act (in short 'N.D.P.S. Act').

Learned counsel for the petitioner submits that as per the prosecution story total 500 grams ganja has been recovered from the joint possession of this petitioner and two other accused persons. Learned counsel submits that the petitioner is innocent and

Patna High Court CR. MISC. No.10576 of 2021(2) dt.21-05-2021 2/3 has falsely been implicated in the present case. It is submitted that nothing has been recovered from the conscious possession of this petitioner. The petitioner is in custody since 21.06.2020. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that as per the prosecution story from the joint possession of three accused persons 500 grams contraband ganja has been recovered, it is not specific that from possession of this petitioner what quantity has been recovered and in any case the quantity is much below the commercial quantity and rigours of Section-37 of the N.D.P.S. Act would not be attracted, the petitioner has remained in jail in connection with the present case since 21.6.2020 and only one case which is there against the petitioner he is on bail by the learned court below, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.

25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Muzaffarpur in connection with Kanti P.S. Case No. 349 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C.

Patna High Court CR. MISC. No.10576 of 2021(2) dt.21-05-2021 3/3 to the offence of which he is accused, or suspected, of the commission of which is suspected, and (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 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.

The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/Sonali/ - U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.