Sanjay Kumar @ Sanjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9589 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== Sanjay Kumar @ Sanjay Prasad S/o Late Saryug Prasad @ Saryu Singh, R/o Village-Jahana, P.S.-Akbarpur, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Akbarpur P.S. Case No. 04 of 2020 registered for offence punishable under sections 8 (b), 20 (a) (b) of the N.D.P.S. Act.

The petitioner had earlier moved before this Court in Cr. Misc. No. 13945 of 2020 and vide order dated 03.06.2020 the bail of the petitioner had been rejected.

The police found ten plants of ganja and its total quantity has been found 60 Kg.

Learned counsel for the petitioner submits that the land from where the plant of ganja has been recovered, does not belong to the petitioner but it belongs to a different person and no ganja has been recovered but the plant of ganja has been recovered which cannot be compared with the quantity of ganja. He further submits that the petitioner is in custody since 06.01.2020

Patna High Court CR. MISC. No.9589 of 2021(2) dt.05-02-2021 2/2 having clean antecedent.

Looking to the period of custody and it is a matter relates to recovering of plant of ganja, let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 1st Additional District Judge, Nawada in connection with Akbarpur P.S. Case No. 04 of 2020, subject to the condition that one of the bailors of the petitioner shall be his close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in the similar type of offence in future, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the court below will take decision in accordance with law. The petitioner will report to Akbarpur Police Station for at least six months by 7th of each month, failing which, his bail will be treated to have been cancelled.

This order has been passed in presence of Mr. Binod Kumar No. 3, learned counsel for the State.

(Shivaji Pandey, J) Mahesh/- U T