Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73781 of 2024 Arising Out of PS. Case No.-380 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Pradeep Kumar S/o- Akshay Lal Ram R/o- Binodpur Dhalaighar, PS- Katihar, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-10-2024 Heard the parties.

2. The petitioner is in custody in connection with Nagar P.S. Case No. 380 of 2024 for the offence punishable under sections 8(c) and 21(a) of the N.D.P.S. Act lodged on 14.06.2024 by the informant, Kaushal Kumar.

3. As per the prosecution story, the informant alleged that during the patrolling, two persons were found to be trying to escape. They were chased and upon search, from the two accused/petitioner and Lal Mohammad, there is recovery/seizure of 3.45 gram and 2.40 gram smack respectively (totalling 5.85 gram). Accordingly, the FIR.

4. Learned counsel for the petitioner submits that he do not have criminal antecedent, the police dragged him in the case by incorporating the smack theory, he is in custody since

Patna High Court CR. MISC. No.73781 of 2024(2) dt.21-10-2024 2/3 15.06.2024 (para 15 of the petition) and in any case, it is below the commercial quantity of 250 gram.

5. Learned APP opposes the prayer for bail.

6. Taking into account the submissions as also the materials on record and further that the recovery/seizure is below the commercial quantity, he is in custody since 15.06.2024 and he do not have criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge cum Special Judge, N.D.P.S. Act, Katihar in connection with Nagar P.S. Case No. 380 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.73781 of 2024(2) dt.21-10-2024 3/3 police station every fortnight for six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T