Barman Putul @ Barman Pratul @ Putul Burman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8163 of 2019 Arising Out of PS. Case No.-32 Year-2017 Thana- KISHANGAANJ RAIL P.S. DistrictKatihar ====================================================== Barman Putul @ Barman Pratul @ Putul Burman, S/o Nirpen Patel @ Nirpen Barman R/o Village- Dhoompur Balasi, P.S.- Kotwari, District- Cooch Behar, West Bengal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanchay Srivastava, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kishanganj Rail P.S. Case No. 32 of 2017, registered for the offences punishable under Sections 20, 22, & 23 of the N.D.P.S. Act.

Informant who is Deputy Commandant of R.P.F. CCB, Kishanganj, on secret information he raided the place of occurrence and recovered 22.850 Kg Ganja from the joint possession of the petitioner along with co-accused which was kept inside their bags.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court CR. MISC. No.8163 of 2019(4) dt.28-02-2019 2/3 falsely implicated in this case on the basis of suspicion. Nothing has been recovered from the possession of the petitioner. Similarly placed co-accused has been granted bail by coordinate bench of this court vide order dated 02.01.2019 passed in Cr. Misc. No. 60213 of 2018. petitioner is in custody since 24.07.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Katihar, in connection with Kishanganj Rail P.S. Case No. 32 of 2017, subject to 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 represented on each and every date fixed by the court.

(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.

Patna High Court CR. MISC. No.8163 of 2019(4) dt.28-02-2019 3/3

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

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