Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13674 of 2021 Arising Out of PS. Case No.-56 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Jitendra Kumar, S/o Suresh Singh, R/o Village-Dumduma Hasanpur, P.S.- Vaishali, Distt.- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar, Advocate For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-08-2021 The matter has been taken up today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Vaishali P.S. Case No.56 of 2020 registered for the offence punishable under Sections 8, 20(B)(ii)(a), 25 of the NDPS Act and Sections 25(1-b)a/26 and 35 of the Arms Act. Three persons on a motorcycle tried to escape on seeing the police, but one was apprehended who disclosed his
Patna High Court CR. MISC. No.13674 of 2021(2) dt.11-08-2021 2/3 name as Sonu Kumar and the two succeeded in fleeing away. From the possession of the said apprehended person arms and 300 grams Charas have been recovered. He has named other two persons as being Arjun Kumar and the instant petitioner. Learned counsel for the petitioner submits that even as per the prosecution case, there is no recovery of any contraband substance or any incriminating material from the petitioner. He was not arrested at the time of recovery also. His implication is based on antecedents in two cases, as per disclosure made in paragraph 3 of the bail petition and he has been remanded in this case on 30.05.2020 after his arrest in Sayaiya P.S. Case No.276 of 2020. Petitioner's counsel submits that it is a case of false implication based on statement of coaccused, having no evidentiary value. Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Special Judge,
Patna High Court CR. MISC. No.13674 of 2021(2) dt.11-08-2021 3/3 NDPS, Vaishali at Hajipur, in connection with Vaishali P.S. Case No.56 of 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T