Pradeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9230 of 2018 Arising Out of PS. Case No.-170 Year-2016 Thana- KOCHAS District- Rohtas ====================================================== Pradeep Kumar, S/o Late Bansh Narayan Sah, resident of VillageGandhinagar, Ward No. 5, P.S.- Kochas, District- Rohtas ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bhaskar Shankar, Advocate For the Opposite Party :
Mr. Sri Ajay Kumar -2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 12.07.2017 passed in Cr. Misc. 29898 of 2017, on the ground that the petitioner is suffering in custody since 10.12.2016, except one case he has got no criminal antecedent, the trial is not likely to be concluded in near future. Santosh Sah has been allowed bail, the recovery was not from conscious possession of the petitioner rather from the joint house, there is no compliance of Section 100 Cr.P.C. and further mandatory provisions of N.D.P.S. Act has also not been complied with.
The learned A.P.P. opposes the prayer of bail by
Patna High Court Cr.Misc. No.9230 of 2018(2) dt.21-02-2018 2/2 pointing the alleged recovery In the facts and circumstances stated above, petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Sessions Judge, Rohtas at Sasaram, in connection with Kochas P.S. Case No. 170 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J.) Rajiv/- U T