Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1576 of 2020 Arising Out of PS. Case No.-203 Year-2019 Thana- SIDHWALIYA District- Gopalganj ====================================================== Vinay Kumar Son of Yogendra Sah Resident of Village - Rasulpur, Police Station - Barhariya, District - Siwan ... Petitioner

Versus

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

For the Petitioner :

Mr.Raghav Prasad, Advocate For the Opposite Party :

Mr.Madan Kumar,, I/C APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2020 Heard the parties and perused the case diary. This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

The petitioner seeks regular bail in a case registered for an offence punishable under section 420 and other allied sections of the IPC as well as under section 8 and 20 of the NDPS Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case only due to being the owner of the truck from which 3 kilograms of Ganja has been allegedly recovered by the police. He submits that his truck was engaged in transportation of mustard oil through a transport agency. It is also submitted that even driver of the truck Manoj Das has already been allowed regular bail by a

Patna High Court CR. MISC. No.1576 of 2020(3) dt.27-05-2020 2/3 bench of this Court vide order dated 4.2.2020, passed in Cr.Mis.No. 6711/2020. One other co-accused Bablu Sah has also been allowed regular bail by a different bench of this Court vide order dated 18.1.2020, passed in Cr.Mis.No. 2978 of 2020. Petitioner's case stands on better footing as nothing incriminating has come in the case diary to connect him with the offence. Petitioner has got no criminal antecedent and is in custody since 5.11.2019.

Learned Addl.P.P. did not controvert the facts. Taking into consideration the facts and circumstances of the case, let the petitioner, above named, 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 Additional Sessions Judge I, Gopalganj in Tr.No. 25/2019 on the following conditions:-

(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.1576 of 2020(3) dt.27-05-2020 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T