Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48862 of 2015 Arising Out of PS.Case No. -24 Year- 2015 Thana -PIPRA District- PATNA ======================================================

1. Mukul Kumar son of Krishna Singh residnet of Village -Akbarpur P.s Naubatpur District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Kumar Jain For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 20 of the N.D.P.S. Act. Allegedly, the petitioner was apprehended with motorcycle and after search 8 kgs. of ganja was recovered from the motorcycle and further amount of Rs. 20,000/- was also recovered and he confessed his guilt.

Submission is of false implication and that the petitioner is suffering in custody since 16.08.2015, the recovered article does not come under the purview of the commercial quantity, he has been made victim of the circumstances, neither the recovered article nor the motorcycle belongs to the petitioner

Patna High Court Cr.Misc. No.48862 of 2015 (4) dt.18-02-2016 2/2 and he has got no criminal antecedent.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering the alleged recovery and custody of the petitioner, now he is directed to 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 District & Sessions Judge, Patna in Pipra P.S. Case No. 24 of 2015/ Special Case No. 16 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T