Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71251 of 2024 Arising Out of PS. Case No.-235 Year-2022 Thana- BHELDI District- Saran ====================================================== Manoj Rai Son of Late Lal Kishun Rai @ Lalkishun Ray Resident of Village - Laganpura, Police Station - Bheldi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Divya Bharti For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8/20(b)(ii)(c), 29 of the N.D.P.S. Act.

3. As per the prosecution case, 12.940 kg ganja was recovered behind the house of the petitioner.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no contraband articles have been recovered from the conscious possession of the petitioner. He further submits that the charges have been

Patna High Court CR. MISC. No.71251 of 2024(4) dt.06-12-2024 2/3 framed against the petitioner. One of the Co-accused has been enlarged on regular bail by a co-ordinate bench of this court vide order dated 04.04.2023 passed in Cr. Misc. No. 800 of 2023. The petitioner has one criminal antecedent and has been languishing in custody since 27.07.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the fact that no contraband articles have been recovered from conscious possession of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bheldi P.S. Case No. 235 of 2022, subject to the following conditions :

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present

Patna High Court CR. MISC. No.71251 of 2024(4) dt.06-12-2024 3/3 in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) anand/- U T