Pradeep Rai @ Pradeep Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81797 of 2019 Arising Out of PS. Case No.-56 Year-2016 Thana- GANGABRIDGE District- Vaishali ====================================================== PRADEEP RAI @ PRADEEP RAY Son of Late Ram Kripal Rai Resident of Village - Shahpur, Terasia, Saifpur, P.S.- Ganga Bridge, Distt - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-05-2020 This matter has been taken up through Video Conferencing.
Heard the parties.
The petitioner is languishing in custody for the offences punishable under Sections 8/20(b)(ii)(c)/25/29 of the N.D.P.S. Act.
Two vehicles were intercepted on suspicion. The petitioner allegedly fled away from the second vehicle as informed by the driver of the first vehicle. From the first vehicle 280 Kg Ganja was recovered whereas from the second vehicle 20 Kg Ganja was recovered.
The petitioner has stated on oath that he has got no criminal antecedent. The petitioner is in custody since 28.09.2019. Investigation of the case is already complete.
Patna High Court CR. MISC. No.81797 of 2019(3) dt.27-05-2020 2/3 Submission is that the petitioner has been falsely implicated on suspicion. The petitioner was only suspected as the vehicle was of the petitioner.
Considering the fact that there is no direct evidence against the petitioner nor there is material to substantiate that the petitioner is going to tamper with the evidence or hamper the trial, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ganga Bridge P.S. Case No. 56 of 2016 with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed
Patna High Court CR. MISC. No.81797 of 2019(3) dt.27-05-2020 3/3 only after production of the bailors within fifteen days of restoration of normal function of the Court.
(Birendra Kumar, J) Mkr./- U T