Vijay Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57868 of 2022 Arising Out of PS. Case No.-378 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== Vijay Patel Son Of Manmohan Patel @ Man Mohan Patel @ Manmohan R/O Village- Khatik Tola, Station Pokhara, New Bus Stand, Ward No. 36, P.S.- Bettiah (T) District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Bettiah (Muffasil) P.S Case No. 378 of 2022, registered for the offences punishable under Sections 20(b)(ii)(B), 29 of NDPS Act and Section 30(a) of Bihar Prohibition and Excise Act, 2016.
As per allegation, 4.68 litres of illicit liquor and 3 kg Ganja had been recovered from a bag.
The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the quantity of the alleged
2/4 contraband recovered from the accused-petitioner is of much below the commercial quantity. He also submits that investigation in this case is complete and charge-sheet has already been submitted.
The petitioner has been languishing in jail since 15.05.2022.
It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated in paragraph no. 3 that the petitioner has no criminal antecedent.
However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstance, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. Sessions Judge, Bettiah, West Champaran in connection with Bettiah (Muffasil) P.S Case No. 378 of 2022, after framing of charge, if not already
3/4 framed, 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.
(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, the learned 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 previous bail petition is
4/4 wrong, the learned court below shall cancel the bail bond of the petitioner.
The application stands allowed accordingly.
The learned 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) ashishkr/- U T