Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20909 of 2021 Arising Out of PS. Case No.-876 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sonu Kumar, Son of Jaideep Sahni @ Jagdeep Sahni R/o Village- Nayagaon Mahmud Chak, P.S. Nayagaon, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Advocate.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-08-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Section 401 of the Indian Penal Code and Sections 20 and 22 of the N.D.P.S. Act.

Five persons were arrested from an orchard by the police and a stolen motorcycle along with 1⁄2 Kg of ganja was also recovered. Petitioner has stated on oath that he has got no criminal antecedent. Investigation of the case is already complete.

Submission is that the petitioner is victim of over implication. There is serious infirmity in the matter of search and seizure and compliance of the mandate of the N.D.P.S. Act. Petitioner is in custody since 21.11.2020.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.20909 of 2021(2) dt.24-08-2021 2/2 Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ahiyapur P.S. Case No. 876 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T