Dukhi Lal Sah @Dukhi Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1657 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Dukhi Lal Sah @dukhi Sahu S/O Mantri Sah R/O Village-Jhahuri, P.S.- laukahi, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Laukahi P.S. Case no. 83 of 2023 registered under sections 413, 414 of the Indian Penal Code and sections 8/20 (b)(ii)A/ 21(b)/ 29 of the N.D.P.S. Act.

3. As per the prosecution case, on a raid being conducted in the house of the petitioner various articles including brown sugar, ganja and currency was recovered.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 6.12.2023 (Annexure-1) passed in Cr. Misc. no. 63891 of 2023. The petitioner is in custody since 22.3.2023 and charge has been framed in the learned trial Court on 12.10.2023. A

Patna High Court CR. MISC. No.1657 of 2024(2) dt.12-01-2024 2/3 copy of the order framing charge has been brought on record as Annexure-4 to this petition. The petitioner undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner being in custody since 22.3.2023, his not having any criminal antecedent, the liberty granted in the earlier order rejection dated 6.12.2023 and charge having been framed in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with Laukahi P.S. Case no. 83 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Madhubani on the following conditions :-

(1) The petitioner shall remain physically present in court on each date of the trial and shall cooperate in the trail.

(2) In case the petitioner is absent on any date for reasons not to the satisfaction of the learned trial Court or the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the

Patna High Court CR. MISC. No.1657 of 2024(2) dt.12-01-2024 3/3 learned trial Court may cancel the bail bond of the petitioner and take him into the custody till conclusion of the trial. (Partha Sarthy, J) Harsh/- U T