Gani Nath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11851 of 2022 Arising Out of PS. Case No.-90 Year-2020 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== GANI NATH KUMAR S/o Chhedi Sah R/o Village- Maripur School Road Ward No. 08, P.S. - Kazimohammadpur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with N.D.P.S. Case No. 142 of 2020 arising out of Rail Muzaffarpur P.S. Case No. 90 of 2020, registered for the offences punishable under Section 401 of the Indian Penal Code and Sections 8 and 20 of the N.D.P.S. Act. As per allegation, 12 Activan Tablet, containing 2 mg each, has been recovered from the petitioner. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged recovered

2/4 contraband is less than the small quantity.

The petitioner has been languishing in jail since 22.12.2020.

It is also stated in paragraph no. 2 of the petition that the petitioner has never moved before this Court for grant of anticipatory bail or regular bail.

It has further been stated in paragraph no. 3 that the petitioner has earlier been made accused in two other cases.

However, the learned APP for the State opposes the prayer for bail.

Considering the aforesaid facts and circumstances, particularly the small quantity of contraband, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. IInd Additional Sessions Judge, Muzaffarpur in connection with N.D.P.S. Case No. 142 of 2020 arising out of Rail Muzaffarpur P.S. Case No. 90 of 2020 on the following conditions:

3/4 (i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedent other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of

4/4 the petitioner.

The application stands allowed accordingly.

The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ashishkr/- U T