Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.84035 of 2024, decided 10-12-2024 by Justice Rajiv Roy (oral order). Vishwanath Rai @ Vishnath Ray v. The State of Bihar. Bail application under sections 8, 20(b)II/B NDPS Act arising from Majorganj P.S. Case No. 264 of 2016 (FIR dated 30.09.2016, informant Diwan Chand, Sitamarhi). Recovery of 5 kg 950 gram ganja from intercepted motorcycle; petitioner implicated through original owner. Custody since 25.02.2023; seven-year delay in surrender attributed to lack of knowledge of FIR; quantity below commercial quantity. Bail allowed with strict conditions including fortnightly police attendance for one year, family-member surety with bona fide proof, and cancellation clauses for trial absence, witness tampering or fresh offences. Advocates: Birendra Kumar for petitioner; Sanjay Kumar Singh, APP for the State.
What did the court decide?
Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned District and Sessions Judge-cum-Special Judge NDPS, Sitamarhi in connection with Majorganj P.S. Case No. 264 of 2016, subject to five conditions: (i) one bailor to be a family member/relative providing official document of bona fide; (ii) appearance on every date before the Trial Court, failure on two consecutive dates without plausible reason entailing cancellation of bail bond by the Trial Court; (iii) fortnightly appearance at the concerned police station for one year to mark attendance; (iv) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation; (v) desistance from committing any criminal offence again, failing which the State may seek cancellation.