Shrikant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66403 of 2024 Arising Out of PS. Case No.-566 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Shrikant Kumar Son of Niranjan Singh R/O Vill.- Murtujiganj, P.S.- Mehandiganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar For the Opposite Party/s :
Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-11-2024 Heard Learned Counsel for the petitioner and Learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Special Case No.250 of 2023, arising out of Ramkrishna Nagar P.S. Case No. 566 of 2023, lodged on 09.09.2023, under Section 8/20(b)(ii)(B of the N.D.P.S. Act.
3. Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 18.01.2024 passed in Cr. Misc. No.1130 of 2024 in which liberty has been granted to the petitioner that he may renew his prayer for bail six months after framing of the charge.
4. Learned Counsel for the petitioner submits that recovery has been made in small quantity i.e., 1.2 Kg., but bail application was rejected by this Hon'ble Court due to the reason
Patna High Court CR. MISC. No.66403 of 2024(3) dt.14-11-2024 2/3 that his antecedent was not clean. Counsel submits that report was called for.
5. Learned Counsel for the State opposes the prayer for bail and submits that recovery is of small quantity but his antecedent is not clean.
6. From perusal of the report it transpires that not a single witness has come forward to adduced the evidence.
7. In this view of the matter, let the petitioner, above named, be granted bail on being satisfied that petitioner is not absconding in Ramkrishna Nagar P.S. Case No.551 of 2022 on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (N.D.P.S.) Court No.I, Patna, in connection with Special Case No.250 of 2023, arising out of Ramkrishna Nagar P.S. Case No. 566 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.66403 of 2024(3) dt.14-11-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T