Rameshwar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79360 of 2019 Arising Out of PS. Case No.-6 Year-2018 Thana- D.R.I District- East Champaran ====================================================== RAMESHWAR GIRI Son of Late Kamal Giri Resident of Village - Kothiya, P.S. - Sheohar, District - Sheohar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Union of India Represented through Abinav Kumar, Intelligence Officer, D.R.I. Regional Unit, Muzaffarpur Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No. III, Advocate For the U.O.I.

:

Ms. Shail Kumari, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Allegation is that Diazapam, Noophin as well as Phenergan each of 2 ml., total 885 pieces were recovered from the bag of the petitioner. Petitioner confessed, under Section 67 of the NDPS Act, that he was carrying the same to Nepal. Coaccused Rekha Devi had provided him the aforesaid banned psychotropic substances. Petitioner has got no criminal antecedent. He is in custody since 16.11.2018. There is no material to substantiate that the petitioner is going to tamper

Patna High Court CR. MISC. No.79360 of 2019(2) dt.13-01-2020 2/2 with the evidence or abscond the process of law. Considering the facts aforesaid, let the petitioner, above named, be released on bail, after framing of the charges against the petitioner if it has not been framed up-till-now, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with NPDS Case No. 71 of 2018 arising out of DRI Case No. DRI/LZU/MRU/718(ii)06 Seiz/2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the court.

The trial court is directed to expedite the framing of the charge against the petitioner.

(Birendra Kumar, J) Kundan/- U T