Patna High CourtCR. MISC./11650/2018bail granted

Aman Gowala v. The State Of Bihar

2018-03-29Mr. Justice Arun Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11650 of 2018 Arising Out of PS. Case No.-502 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Aman Gowala, Son of Ravi Gowala, Resident of Village- Phata Pokhar, P.S.- Rajganj, District- Jalpaiguri (West Bengal).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 13716 of 2018 Arising Out of PS. Case No.-502 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Amit Kumar, Son of Jauhari Yadav, Resident of Mohalla- Naya Tola, Jurabganj, Police Station- Kodha, District- Katihar. ... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 11650 of 2018) For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. SRI HUMAYOU AHMAD KHAN (In Criminal Miscellaneous No. 13716 of 2018) For the Petitioner/s :

Mr. Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. SRI SAKIR AHMAD ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 29-03-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners, already in custody, seek bail in connection with NDPS Case No.62 of 2017, arising out of Motihari Town P.S. Case No.502 of 2017, registered under Sections 411/34 of the Indian Penal Code as well as under Sections 22, 23, 24 and 25

Patna High Court Cr.Misc. No.11650 of 2018(4) dt.29-03-2018 2/3 of the NDPS Act.

Allegation in brief is that two persons Aman Gowala and Sachin Kumar were apprehended by the police and 500 gms. of charas was recovered from their rented house and subsequently 500 gms. of two packets were recovered by the side of the staircase of the house of Ramjeevan rented by this petitioner, Akash and another Amit.

Learned counsel appearing on behalf of both the petitioners seek bail of the petitioners on the ground of parity as Sachin Kumar, another co-accused, similarly situated, was admitted to bail by a coordinate Bench of this Court vide Cr. Misc. No.52390 of 2017 on 10.01.2018 whereas Akash Kumar @ Aakash Kumar and another Amit Kumar, also similarly situated to the present petitioner, Amit Kumar, too have been admitted to bail by coordinate Benches of this Court vide Cr. Misc. Nos. 6340 of 2018 and 60430 of 2017 on 01.02.2018 and 02.02.2018 respectively and these two petitioners have no criminal antecedent.

Having considered the aforesaid facts and circumstances, petitioners, namely, Aman Gowala and Amit Kumar are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to

Patna High Court Cr.Misc. No.11650 of 2018(4) dt.29-03-2018 3/3 the satisfaction of learned District Judge-cum-Special Judge, East Champaran at Motihari in connection with NDPS Case No.62 of 2017, arising out of Motihari Town P.S. Case No.502 of 2017.

(Arun Kumar, J) S.KUMAR/- U T