← Library
Patna High CourtCR. MISC./379/2023allowed

Praduman @ Praduman Prajapati v. The State Of Bihar

2023-04-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.379 of 2023 Arising Out of PS. Case No.-591 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== PRADUMAN @ PRADUMAN PRAJAPATI S/o Subash Prajapati R/o Kulhariya, P.S.- Langari Kulhariya, Distt- Gorakhpur, Uttar Pradesh- 273013. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-04-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 21(C) of the NDPS Act, registered in connection with Forbesganj P.S.Case No.591 of 2022.

The learned counsel for the petitioner has submitted that the FIR itself shows that the petitioner is the driver of pickup van, wherefrom 1488 litres of blended cough syrup were seized. In the FIR itself it has been mentioned that the petitioner after his arrest disclosed that the vehicle, which he was driving, was belonging to one Rinku Verma and the consignment loaded thereon was belonging to one Rajiv Thakur, the resident of Simraha, Araria. The petitioner is an innocent driver and he was working for his owner Rinku Verma. He is in custody since 09.06.2022 having no criminal antecedent.

Considering the above facts and circumstances and

Patna High Court CR. MISC. No.379 of 2023(3) dt.05-04-2023 2/2 clean antecedent and also in view of his incarceration, 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 learned Sessions Judge- -cum-Special Judge, NDPS Act, Araria in connection with Forbesganj P.S.Case No. 591 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available available as and when required by the court.

2. 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 petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) HR/- U T