Rupan Sutradhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81634 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== Rupan Sutradhar S/o Atindra Sutradhar Resident Of Ward No 30, Pratap Nagar, Near Laskar Para, P.S- A D Nagar, Dist Agartala ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-11-2024 Heard Mr. Raushan Kumar, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned App for the State.
2. The petitioner is in custody in connection with Bhagalpur Rail P.S. Case No. 147 of 2024 for the offence under Sections 8, 20(b)(ii)B of the N.D.P.S. Act lodged on 04.09.2024 by the informant, Shiv Shankar Singh.
3. As per the prosecution story, the informant alleged that during patrolling at Bhagalpur Railway Station, when the Anand Tezas Rajdhani Express had arrived, this petitioner was found moving with a back colour bag and upon search, 5Kg ganja in two packets were recovered/seized which led to the F.I.R.
Patna High Court CR. MISC. No.81634 of 2024(2) dt.27-11-2024 2/3
4. Learned counsel for the petitioner submits that he has absolutely no concern with the alleged recovery, was moving on the platform but the bag lying there was assigned to him, has remained in custody since 04.09.2024, having no criminal antecedent and any case the recovered/seized material is below the commercial quantity of 20Kg.
5. Though learned APP for the State opposes the prayer for bail, concedes that it is below the commercial quantity.
6. Taking into account the aforesaid submissions as also the fact that he do not have criminal antecedent and the quantity recovered/sized is below the commercial quantity, in that background, 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) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Bhagalpur in connection with Bhagalpur Rail P.S. Case No. 147 of 2024 subject to the following conditions:
(i) one of the bailor should be native of Bihar who shall provide official document to show his bona fide; (ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.81634 of 2024(2) dt.27-11-2024 3/3 before the Trial Court and the 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 police station every fortnight for next 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 bail bond.
(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) Amandeep/- U T