Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14904 of 2019 Arising Out of PS. Case No.-177 Year-2018 Thana- JOGBANI District- Araria ====================================================== NITISH KUMAR Son of Shri Sanjay Yadav Resident of Village- Dhangara, Ward No. 9, Police Station, Bhargama, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special Case No. 14 of 2018 arising out of Jogbani (Bathnaha) P.S. Case No. 177 of 2018, registered for the offence punishable under Sections 21, 22 and 23 of the N.D.P.S. Act.

The case of the prosecution is that while the informant was on patrolling duty, he found two persons in suspicious conditions and the police party then apprehended the said two persons, namely, Roushan Kumar and Rocky Kumar and 205 bottles of cough syrup were recovered. The said accused persons had then disclosed that the said bottles were given by the petitioner herein.

Patna High Court CR. MISC. No.14904 of 2019(2) dt.11-03-2019 2/2 The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the said two co-accused persons, who were apprehended on the spot, have already been granted bail by the coordinate Benches of this Court by orders dated 04.10.2018 passed in Criminal Miscellaneous No. 51630 of 2018 and 20.08.2018 passed in Criminal Miscellaneous No. 50418 of 2018. It is further submitted that though the petitioner is accused in two other cases, but he is on bail in one of the said cases. The petitioner is stated to be languishing in custody since 08.01.2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria in connection with Special Case No. 14 of 2018 arising out of Jogbani (Bathnaha) P.S. Case No. 177 of 2018. (Mohit Kumar Shah, J) ajay gupta/- U T