Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51630 of 2018 Arising Out of PS.Case No. -177 Year- 2018 Thana -JOGBANI District- ARRARIA ====================================================== Roshan Kumar S/o Ram Chandra Yadav Village- Dhangara, Ward No. 9, P.S. Bhargama, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Special Case No. 14/18 arising out of Jogbani (Bathnaha) P.S. Case No. 177/2018, registered for the offences punishable under Sections 21, 22, 23 of the N.D.P.S. Act.

Informant alleged that while he was on patrolling duty, he found two persons were coming on motorcycle having some article kept in a sac. After seeing the police party, both persons tried to flee away. On chase, they were apprehended by the police. They disclosed their names as Roshan Kumar (petitioner) and Rocky Kumar and 205 bottles of cough syrup of 100 ml pack were recovered.

It has been submitted that petitioner has falsely been

Patna High Court Cr.Misc. No.51630 of 2018 (2) dt.04-10-2018 2/3 implicated in this case. He was not aware about the material kept in the sac.

Petitioner has no criminal antecedent. He is in custody since 24.06.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Araria in connection with Special Case No. 14/2018 arising out of Jogbani (Bathnaha) P.S. Case No. 177/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.51630 of 2018 (2) dt.04-10-2018 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T