Tuntun Sharma @ Toni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62853 of 2018 Arising Out of PS. Case No.-632 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Tuntun Sharma @ Toni, S/o Late Mahendra Singh, Permanent Resident of Village- Dariyapur, P.S.- Nathupur, Dist. & Town- Patna at present Resident of Maurya Vihar colony, P.S.- Phulwari Sharif, Dist. & Town Patna, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Akhileshwar Pandey For the Opposite Party/s :

Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Special (NDPS) Case No. 91 of 2018 arising out of Phulwarisharif P.S. Case No. 632 of 2018 registered for the offence punishable under Sections 20/22 of the NDPS Act.

Allegation against the petitioner is of recovery of 70 Gram of Ganja.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is in custody since 23.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.62853 of 2018(2) dt.12-10-2018 2/2 amount each to the satisfaction of learned Sessions Judge/Spl. Judge, Patna, in connection with Phulwarisharif P.S. Case No. 632 of 2018 , with following 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 bond.

(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 cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U