Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3043 of 2020 Arising Out of PS. Case No.-923 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== RAJA KUMAR Son of Gulla Yadav Resident of Village - Jurabganj, P.S. - Kodha, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 20, 22 and 22 B of the NDPS Act and Sections 401, 413 and 414 of the Indian Penal Code. Allegation is recovery of 400 grams of ganja from the possession of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case only on the basis of suspicion. Similarly placed co-accused Shakti Yadav has already been granted bail by a co-ordinate Bench of this Court vide order dated 16.01.2020 passed in Cr. Misc. No.16.01.2020. Petitioner is in custody since 15.10.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court CR. MISC. No.3043 of 2020(2) dt.18-01-2020 2/2 furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Saharsa P.S. Case No. 923/2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T