Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71565 of 2022 Arising Out of PS. Case No.-729 Year-2022 Thana- BIHTA District- Patna ====================================================== SURAJ KUMAR Son of Baldeo Ram R/V- Bela P.S- Bihta (Neura O.P) DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seek bail in connection with Special Case No. 123 of 2022 arising out of Bihta (Neura) P.S. Case No. 729 of 2022 registered for the offence under Sections 8(c) and 21(b)of the N.D.P.S. Act.

Recovery is of 8 grams of smack.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that it appears from the F.I.R. and the seizure list that 8 gram of smack has been recovered from the possession of petitioner. He further submits that the police without obtaining the F.S.L. report has submitted charge sheet in this case against the petitioner on

Patna High Court CR. MISC. No.71565 of 2022(4) dt.23-06-2023 2/3 15.09.2022 and the F.S.L. report is of 21.04.2023 which is obtained after six months of submission of charge-sheet. He further submits that the recovered article does not come under the purview of commercial quantity, therefore, this is no bar for this Court to grant bail to the petitioner. The petitioners are rotting in judicial custody since 28.07.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 17th Additional District and Sessions Judge, Patna in connection with Special Case No. 123 of 2022 arising out of Bihta (Neura) P.S. Case No. 729 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify

Patna High Court CR. MISC. No.71565 of 2022(4) dt.23-06-2023 3/3 the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T