Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10524 of 2017 Arising Out of PS.Case No. -607 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Pankaj Kumar, Son of Bhaday Sao, Resident of village - Maa Kailash Nagar, Opposite - Kenara Bank, Lakhisarai, P.S. + District - Lakhisarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with N.D.P.S. (Spl.) Case No. 04 of 2016, arising out of Lakhisari (Kabaiya) P.S.Case No. 607 of 2016 registered for the offences punishable under Sections 20, 22 of Narcotic Drugs and Psychotropic Substance Act as well as Sections 30(A), 32(C) and 38(B) of Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioner that petitioner is in custody since 20.12.2016 and no ganja has been recovered at the instance of the petitioner, rather liquor has been seized by the police and for that the petitioner has no concern and it is alleged that 11 kg. of ganja has been recovered but that is not at the instance of the petitioner, which has admittedly been recovered from the house of one Arjun Sah.

Heard learned APP, who has not controverted the above submission.

Having heard both sides and in view of the fact that ganja was not recovered either from the possession of the

Patna High Court Cr.Misc. No.10524 of 2017 (3) dt.08-04-2017 2/2 petitioner or at the instance of him, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Lakhisarai, in connection with N.D.P.S. (Spl.) case No. 04 of 2016, arising out of Lakhisari (Kabaiya) P.S.Case No. 607 of 2016, subject to the conditions that :- (i) The bailors should be close relatives of the petitioner having sufficient immovable properties within the jurisdiction of the concerned Court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U