Jarideo Barma @ Jari Deb Barma @ Jari Debbarma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54921 of 2023 Arising Out of PS. Case No.-203 Year-2021 Thana- BAISI District- Purnia ====================================================== Jarideo Barma @ Jari Deb Barma @ Jari Debbarma S/o Barun Debbarma R/o Village- Patnipara, Ps. Mandwi, Dist. Pashchim Tripura (TRIPURA) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar Agrawal For the Opposite Party/s :
Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-09-2023 Heard Ld. counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Baisi P.S. Case No. 203 of 2021, Special (NDPS) Case No. 58 of 2021, registered for the offence punishable under Sections 8/20 (b)(ii) (C)/25/28/29 of the N.D.P.S. Act.
3. As per allegation, 516.98 kg of Ganja has been recovered from the cabin of a truck bearing Registration No. NL-06C-8529.
4. Ld. counsel for the petitioner submits that the petitioner had moved this Court earlier for regular bail vide Cr. Misc. No. 1103 of 2022, which was rejected with an observation that if the trial is not concluded within six months, the Petitioner will have
Patna High Court CR. MISC. No.54921 of 2023(2) dt.08-09-2023 2/3 liberty to renew his prayer for bail. He further submits that since the trial has not been concluded in the stipulated time, the petitioner, vide present application, has renewed his prayer for bail.
5. In support of his petition, he has filed a copy of the order-sheet of the Trial Court, which shows that the case is at the stage of examination of prosecution witnesses.
6. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioner, above named, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court Below/Trial Court in connection with Baisi P.S. Case No. 203 of 2021, Special (NDPS) Case No. 58 of 202, on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
Patna High Court CR. MISC. No.54921 of 2023(2) dt.08-09-2023 3/3 (iii) The petitioner shall not, directly or indirectly make any 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. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.
7. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) chandan/- U T