High Court Patna High Court - Orders

Ramayan Patel vs The State Of Bihar &Amp; Anr on 24 November, 2010

Patna High Court – Orders
Ramayan Patel vs The State Of Bihar &Amp; Anr on 24 November, 2010
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.26805 of 2010
                   RAMAYAN PATEL son of late Brahamdeo Patel,
                   resident of village Sikta, Police Station Sikta, District
                   West Champaran...             ...Petitioner
                                              Versus
                   1. THE STATE OF BIHAR,
                   2. The Union of India
                                       ...               ...Opposite Parties
                   For the Petitioner: Mr. Sanjay Kumar No. 7, Advocate
                   For the State:      Mr. Abhimanyu Sharma, Advocate
                   For the Union of India:Mr. Md. Abu Haidar, CGC
                                           -----------

3 24.11.2010 Heard learned counsel for the petitioner, the for the

State and the Union of India.

Petitioner seeks bail in a case registered for

offences under Sections 20 and 22 of the N.D.P.S. Act.

Petitioner’s prayer for bail was rejected by this

Court vide order dated 24.12.2009 passed in Criminal

Miscellaneous No. 26805 of 2009 at that stage.

As per the allegation, the SSB had seen certain

persons, who were carrying some articles on their heads.

Upon challenge they threw away the same and tried to

escape. However, one of them was apprehended and he

disclosed his name as Jagdish Prasad. He revealed that the

petitioner, who was also standing nearby, was monitoring

the smuggling of Ganaja from Nepal to India. It is also

stated that the petitioner allegedly confessed his guilt before
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the SSB. Later on the seized articles and apprehended

person were handed over to the State Police.

Learned counsel for the petitioner submitted that

though it is alleged that about 200 kg of Ganja had been

recovered from the field allegedly thrown by certain persons

including co-accused Jagdish Patel, nothing has been

recovered from the possession of the petitioner and the

petitioner was apprehended at the instance of the co-accused

on the pretext that he was monitoring the occurrence and

was standing nearby. Learned counsel further submits that

during the course of trial in their evidence the seizure list

witnesses have not supported the seizure of the Ganja. That

apart, it is also contended that the informant has also stated

in his evidence that nothing has been recovered from the

possession of the petitioner.

A counter affidavit has been filed on behalf of the

Union of India.

Learned counsel for the Union of India as well the

State of Bihar jointly stated that the petitioner was

monitoring the smuggling of Ganja as per the statement of

the co-accused Jagdish Patel and that apart, the petitioner

has confessed his guilt before the SSB. However, learned
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counsel for the Union of India has produced certified copy

of the deposition of the witnesses examined at the time of

trial and he could not deny that the seizure list witnesses did

not support the case.

Learned counsel for the petitioner next submits that

even after expiry of more than one year of the earlier

rejection of the prayer of bail of the petitioner on

24.12.2009 the trial has not been concluded and the

petitioner has remained in custody for about 18 months

without any recovery from his person or possession.

In above view of the matter, the petitioner,

namely, Ramayan Patel, is directed to be released on bail

on furnishing bail bond of Rs.10,000/-(Rupees Ten

Thousand) with two sureties of the like amount each to the

satisfaction of the Ist Additional District and Sessions

Judge, Bettiah, West Champaran, in connection with Sikta

Police Station Case No. 20 of 2009 with a further condition

that one of the bailors must be an employee of the

State/Central Government or the Semi-Government

concern. Further, the petitioner shall remain present on each

and every date during the course of trial and if the

petitioner fails to appear on two consecutive dates without
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any reasonable cause shown by him, the court concerned

would be at liberty to take steps for cancellation of his bail

bonds.

However, it is made clear that the court concerned

shall proceed with the trial without being prejudiced by any

observation made or finding recorded by this Court in this

order.

SC                                  (Dr. Ravi Ranjan, J.)