Suresh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65115 of 2021 Arising Out of PS. Case No.-268 Year-2021 Thana- DHAKA District- East Champaran ====================================================== SURESH MUKHIYA S/o Vishundeo Mukhiya Resident of Village - Nandsagra Ghat, P.S. - Simrangarh, Dist. - Bara, Nepal. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-04-2022 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Section 20/22 of the N.D.P.S. Act.

Allegation is recovery of 9 Kg of Ganja from the bora, which was tied on motorcycle of the petitioner. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to high handedness of police. Petitioner has no criminal antecedent and he has been remanded in this case on 28.05.2021 and since then he is in custody.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner at this

Patna High Court CR. MISC. No.65115 of 2021(2) dt.11-04-2022 2/2 stage. Accordingly the prayer for bail is rejected. However, petitioner may renew his prayer for bail after framing of charge. If charges have already been framed in this case, petitioner shall be released on bail by the court below itself on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, where the case is pending, in connection with N.D.P.S. P.S. Case No. 268 of 2021 subject to the conditions that:-

(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below.

(2) The petitioner shall fully cooperate with the investigation / trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (S. Kumar, J) Rajiv/veenaU T