Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42359 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- CHAKAND District- Gaya ====================================================== PRAVESH SINGH @ RAM PRAVESH SINGH Son of Ram Naresh Singh Resident of Mahedev Bigha, P.S- Belaganj, Dist- Gaya, At present Chakand Station, Ranapur More, P.S- Chakand, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Chakand P.S. Case No. 118 of 2022, registered for the offences punishable under Sections 8, 20 (b) (ii) (B), 8(c) and 21(b) of the NDPS Act.

The learned counsel for the petitioner has submitted that there is allegation against the petitioner that 02 grams Heroine and 2.50 kilograms Ganja were recovered

Patna High Court CR. MISC. No.42359 of 2022(2) dt.23-11-2022 2/3 from his house. He has submitted further that the allegation is false. The petitioner is a person of clean antecedent and without awaiting the report of FSL, the charge-sheet has been submitted. He has also submitted that petitioner is under custody since 12.05.2022.

Considering the above-mentioned facts and circumstances as well as the period of custody and the clean antecedent of the petitioner let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya in connection with Chakand P.S. Case No. 118 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the

Patna High Court CR. MISC. No.42359 of 2022(2) dt.23-11-2022 3/3 petitioner and the learned court below will take decision in accordance with law.

(iii) After release of the petitioner, the learned court below shall verify the criminal antecedent of the petitioner. If it is found that the petitioner is involved in any other criminal case except the present case, the learned court below shall be at liberty to cancel the bail bond of the petitioner. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Sonali U T