Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67033 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- VAISALI GRP CASE District- Vaishali ====================================================== Akhilesh Kumar Son of Sri Baiju Singh R/o Village-Nawada Khurd,P.S. Ganga Bridge,Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. V.M.K. Sinha, Advocate :

Mr. Manish Chandra Gandhi, Advocate :

Mr. Himanshu Ranjan, Advocate For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Rail Sonepur-Hajipur P.S. Case No. 95 of 2018 registered for the offence punishable under Sections 385, 201, 120(B) of the Indian Penal Code and Section 8, 20, 22 of the N.D.P.S. Act added Section 20(b) (II)(C) and 29 of the N.D.P.S. Act.

Informant who is a police officer has alleged recovery of 20 Kg of Ganja from two accused persons from Railway platform. Allegation against petitioner is that he was informer and used to give information with respect to smuggling of Ganja but same was not shared with Senior Police Officers. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case.

Patna High Court Cr.Misc. No.67033 of 2018(3) dt.28-11-2018 2/2 Neither he has been arrested at the spot nor any incriminating material has been recovered either from his possession or house. Petitioner has no criminal antecedent and he is in custody since 03.08.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge I/C, Vaishali at Hajipur, in connection with Rail Sonepur-Hajipur P.S. Case No. 95 of 2018 subject to the conditions that:-

(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 properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty 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) veena/- U T