Patna High CourtCR. MISC./69265/2023bail granted

Tara Devi v. The State Of Bihar

2023-10-13Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69265 of 2023 Arising Out of PS. Case No.-31 Year-2022 Thana- KANKARBAG District- Patna ====================================================== TARA DEVI Wife of Krishna Mukhiya R/o vill - Viklang Bhawan Jhoparpatti, P.S. - Kankarbagh, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 12.01.2022 in connection with Kankarbagh P.S. Case No. 31 of 2022, F.I.R. dated 11.01.2022 for the offences punishable under Sections 21(a), 21(b) 25 of the N.D.P.S. Act.

3. Allegation against the petitioner is of recovery of 9.9 Gm of smack.

4. Earlier the bail application of the petitioner was rejected vide order dated 19.09.2022 in Cr. Misc. No.28542 of 2022, thereafter, he again approached this Hon'ble Court vide Cr. Misc. No.30993 of 2023 which was withdrawn with a liberty to file a fresh application before the learned trial court. Thereafter the petitioner has filed the present application.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.69265 of 2023(2) dt.13-10-2023 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the recovered contraband is less than the commercial quantity and hence there is no embargo under Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 12.01.2022.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge, Patna in connection with Kankarbagh P.S. Case No. 31 of 2022 , subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be 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. ii. If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.69265 of 2023(2) dt.13-10-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. 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 antecedent, 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) Prakash Narayan U T