Patna High CourtCR. MISC./17349/2024bail granted

Sachin Kumar @ Bhulla v. The State Of Bihar

2024-04-26Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17349 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sachin Kumar @ Bhulla Son Of Prakash Paswan Resident Of Village- Ward No 32, Gachi Tola, Ps- Begusarai Town, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with N.D.P.S. Case No.14 of 2023, arising out of Nagar P.S. Case No.164 of 2023, lodged on 08.03.2023, under Section 8(c) of N.D.P.S. Act.

3. Learned counsel for the petitioner submits that earlier bail application of the petitioner was rejected vide order dated 18.01.2024 passed in Cr. Misc. No.996 of 2024. Counsel submits that at the time of rejection of regular bail liberty was granted to renew the prayer after framing of charge. Counsel submits that charge has been framed in this case on 29.01.2024 and thereafter not a single witness has been adduced by the prosecution. Vide order dated 01.03.2024 a report was called

Patna High Court CR. MISC. No.17349 of 2024(3) dt.26-04-2024 2/3 for. From perusal of the report it transpires that not a single witness has been examined.

4. Learned counsel for the State opposes the prayer for bail.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned learned Sessions Judge, Begusrai, in connection with Town P.S. Case No.164 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance;

Patna High Court CR. MISC. No.17349 of 2024(3) dt.26-04-2024 3/3 (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U