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Patna High CourtCR. MISC./40472/2017bail granted

Santosh Kumar v. The State Of Bihar

2018-01-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40472 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Santosh Kumar, Son of Laxmi Rai, Resident of Village - Sinduari, P.S.- Hajipur Sadar Distt- Vaishali at Hajipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 20, 22, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Four persons including the petitioner were apprehended by the police from a four wheeler on which huge quantity of Ganja was being carried. Co-accused Abhinandan Kumar, who was also arrested from the same vehicle, disclosed to the police that he is owner of the said vehicle, which he had purchased from Vishal Kumar and Ganja was of co-accused Umesh Rai.

Submission is that Umesh Rai has already been allowed bail by a Coordinate Bench of this Court vide order dated

Patna High Court Cr.Misc. No.40472 of 2017 (4) dt.19-01-2018 2/2 28.08.2017 passed in Cr. Misc. No. 32452 of 2017. Petitioner is a businessman. He has no concern with the recovered narcotics nor he had knowledge that narcotics were kept in the dickey of the said vehicle. Petitioner is in custody since 14.02.2017. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bachwara Police Station Case No. 18 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T