Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65901 of 2018 Arising Out of PS. Case No.-199 Year-2018 Thana- NARHATT District- Nawada ====================================================== Niranjan Kumar, Son of Ashok Singh, Resident of Village- Katri Deeh, P.S.- Katri Sarai, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Nahat P.S.Case no.199 of 2018 registered for offences punishable under Sections 419, 420, 467, 468, 471, 307, 120B of the Indian Penal Code and Section 66 IT Act, 2008, Section 18(A), 18(B), 18(C ), 27(C ), 28(A), 27(B)(II), 33 (e.e.c.) (B),33(I) of the Drugs and Cosmetic Act, 1940 and Section, 3, 4, 5, 7 and 9 (A) of the Magic Remedies Act, 1954. Allegation against the petitioner as per FIR is that the illegal medicines were recovered at the post office for being parcelled and one co-accused Sanjay Kumar Gupta was arrested from there and Sanjay Kumar Gupta has disclosed the name of the petitioner.

Submission of the learned counsel for the petitioner

Patna High Court Cr.Misc. No.65901 of 2018(2) dt.26-11-2018 2/3 is that except disclosure made by the co-accused there is nothing against the petitioner and that co -accused Sanjay Kumar Gupta has already been granted bail by a Co-ordinate Bench of this Court, vide order dated 26.10.2018 passed in Cr.Mic. No.54244 of 2018. The petitioner is in custody for more than three months. 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/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM V, Nawada in connection with Narhat P.S.Case No.199 of 2018.. With 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) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any

Patna High Court Cr.Misc. No.65901 of 2018(2) dt.26-11-2018 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T