Sharma Nand Bhagat @ Sharma Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52241 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictPURNIA ======================================================
1. Sharma Nand Bhagat @ Sharma Bhagat S/o Late Prabhu Bhagat, R/o Vill.- Korya Bazar, P.S.- Bheldi, District- Chapra (Saran). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramashankar Singh For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Special Case No. 05 of 2018, registered for offences punishable under Sections 20 (b) N.D.P.S. Act.
Allegation against the petitioner is of recovery of 5.282 contraband Ganja from the possession of the petitioner, at the time of his traveling in the bus and some articles were also recovered, which was kept in cloth bag.
Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and Excise Officer has apprehended the petitioner only on the basis of
Patna High Court Cr.Misc. No.52241 of 2018 (2) dt.04-10-2018 2/2 confusion and the petitioner is in custody since 22.05. 2018. Heard learned A.P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Special Judge. N.D.P.S., Purnea in connection with Special Case No. 05 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.
iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T