Mangal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51252 of 2017 Arising out of P.S. Case No.-16 Year-2017 Thana- KUDRA District- Bhabhua (Kaimur) =============================================== Mangal Singh, Son of Late Bagedu Singh, Resident of VillageKewadhi, P.S.- Kudra, District- Kaimur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Subash Kumar, Adv. For the Opposite Party/s: Smt. Reena Sinha, Adv. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Section 30 (a), 38 (1)(2) of the Bihar Prohibition and Excise Act, 2016 and Section 20 (b)(ii)(a) of the N.D.P.S. Act, 1985.

It is contended that, as per allegation, 11 bottles of foreign liquor each containing 750 ml and 400 Grams Ganja were recovered from the shop of co-accused Suresh Singh from where the petitioner is said to have fled away at the time of raiding of the police party. It is further contended

Patna High Court Cr.Misc. No.51252 of 2017(2) dt.09-11-2017 2/3 that 400 Grams Ganja comes within the small quantity as envisaged under the table prepared under sub-clause (viia) and (xxiiia) of Section 2 of the N.D.P.S. Act, 1985. It is also contended that the co-accused Suresh Singh has been granted bail by the Court below on 24.05.2017. It is urged that the petitioner is in custody since 11.08.2017.

Considering the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the District & Sessions Judge-cumSpecial Judge, Kaimur at Bhabhua in connection with Kudra P.S. Case No. 16 of 2017 (NDPS Case No. 4 of 2017) with a condition that one of the bailors of the petitioner(s) must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

In view of the antecedent of the petitioner, he

Patna High Court Cr.Misc. No.51252 of 2017(2) dt.09-11-2017 3/3 would be required to appear before the Superintendent of Police, Kaimur at Bhabhua within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) Vikash/- U T