Suraj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38054 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- BARSOI District- Katihar ====================================================== Suraj Das S/o Harendra Nath Das, R/o Vill.- Pada, P.S.- Barsai, DistrictKatihar , Pin -855102. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Jitendra Kumar Singh For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 17.01.2018 in connection with Barsoi P.S. Case No. 11 of 2018 for offences punishable under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case, as lodged by the police personnel, is that on secret information the petitioner was apprehended with 1kg 100 gms of ganja and 90 cigarette filled with ganja. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case due to high handedness of the police. He submits that the provision of

Patna High Court Cr.Misc. No.38054 of 2018(2) dt.05-07-2018 2/3 section 50 of the N.D.P.S. Act has not been complied with and that the ganja seized if taken in totality is less than the commercial quantity. It is further submitted that the charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the period of custody, let petitioner, above named, be enlarged 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 Additional District Judge-I cum Special Judge Katihar, in connection with Barsoi P.S. Case No. 11 of 2018, G.R. No. 210 of 2018, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason

Patna High Court Cr.Misc. No.38054 of 2018(2) dt.05-07-2018 3/3 will entail cancellation of his bail bonds.

(iii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/Pragya U T