Ajeet Kumar @ Ajeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42939 of 2017 Arising Out of PS.Case No. -123 Year- 2013 Thana -GARDANIBAGH District- PATNA ======================================================

1. Ajeet Kumar @ Ajeet Paswan Son of Late Suraj Paswan, R/o Vishnupuri, Ambedkar Chauk, P.S.- Gardanibag, District- patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks regular bail in connection with Special Case No. 24 of 2013 arising out of Gardanibagh P.S. Case No. 123 of 2013 registered for offences punishable under sections 20, 21 and 22 of the N.D.P.S. Act.

Allegation against the petitioner is that one of the other co-accused persons in his confessional statement stated that he received 22 packets of smack respectively from the petitioner. Learned counsel for the petitioner submitted that no recovery has been made from the possession of the petitioner and he is in custody since 28.04.2014. He further submits that the other co-accused person from which recovery has been made, has already been granted bail by a coordinate Bench of this Court vide order dated 06.08.2014 passed in

Patna High Court Cr.Misc. No.42939 of 2017 (2) dt.18-09-2017 2/2 Cr. Miscellaneous No. 30686 of 2014 and vide order dated 11.05.2015 in Cr. Misc. Case No. 41890 of 2014 respectively.

Heard learned Special P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, this petition is allowed, let the petitioner be enlarged on regular bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Addl. Session Judge-VI, Patna, in connection with Special Case No. 24 of 2013, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a close relative of the petitioner.

(ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) Petitioner would participate in the Court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner. (Vinod Kumar Sinha, J) khushbu/- U T