Mausham Singh @ Gulshan Singh @ Mausham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77758 of 2024 Arising Out of PS. Case No.-266 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== Mausham Singh @ Gulshan Singh @ Mausham Kumar Son of Lalan Singh R/O Vill.- Jaitpur, P.S.- Barahiya, Dist.- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 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)(c)(ii), 25, 29 of the N.D.P.S. Act.
3. Earlier, prayer for bail of the petitioner was rejected vide detailed order dated 03.07.2023 passed in Cr. Misc. No. 19385 of 2023.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that now the charge has been framed against the petitioner on 11.09.2024. The petitioner has five criminal antecedents as mentioned in para-3 of this application and he is languishing in judicial custody since 16.04.2024.
Patna High Court CR. MISC. No.77758 of 2024(2) dt.20-12-2024 2/3
5. Learned APP for the State opposed the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that the charges has been framed against the petitioner, let the above named petitioner 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 Barhiya P.S. Case No. 266 of 2021, subject to the conditions:
(1) 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 will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (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
Patna High Court CR. MISC. No.77758 of 2024(2) dt.20-12-2024 3/3 local police station in the 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) devendra/- U T