Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55081 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- MAJORGANJ District- Sitamarhi ====================================================== Sonu Kumar Son of Late Ramashankar Singh R/V- Kharsan, P.s- Riga, DistSitamarhi at present Prakhand Chowk, Mejorganj, P.S- Majorganj, DistSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Ms.Vaishnavi Singh, Advocates For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 22.06.2022, in connection with Mejorganj P.S. Case No. 163 of 2022, F.I.R. dated 21.06.2022 registered for the offences punishable under Sections 21(c)/29 of the narcotic Drugs and Psychotropic Substance Act.

The case relates to recovery of huge quantity of psychotropic substances from the shop of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that as per allegation the prosecution had searched the medicine shop of the petitioner

Patna High Court CR. MISC. No.55081 of 2022(4) dt.10-07-2023 2/3 and they bound some medicines on the suspicion that the recovered medicines is containing psychotropic substance without any basis. He further submits that all the medicines which was recovered from the shop of the petitioner is udner the prescribed limit and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 22.06.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner but fairly submits that the FSL report suggests that all the medicines which was recovered from the shop of the petitioner is confirmed under the prescribed limit. He further submits that the petitioner carries one more case other than the present one in which he is on bail.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, N.D.P.S. Act, Sitamarhi in connection with Mejorganj P.S. Case No. 163 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.55081 of 2022(4) dt.10-07-2023 3/3 properly represented on each and every date fixed by the Court 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.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 antecedents, 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) Ibrar//- U T