Prince Anshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19704 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== PRINCE ANSHU Son of Sanjeet Kumar Resident of Muhalla - Surkhikal, P.S.-Barari, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kotwali (Barari) P.S. Case No. 45 of 2020 (NDPS Case No. 02 of 2020), registered for the offence punishable under Section 20/22 of the NDPS Act. 12.600 mg of Brown Sugar is said to have been recovered from the right pocket of full paint of this petitioner kept in cigarette packet wrapped in silver paper. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Nothing has

Patna High Court CR. MISC. No.19704 of 2020(3) dt.25-08-2020 2/3 been recovered from possession of this petitioner. Moreover, recovered Brown Sugar is less than commercial quantity. Petitioner is in custody since 19.01.2020 having clean antecedent.

Considering the facts and circumstances of the case and the fact that small quantity of brown sugar has been recovered from possession of this petitioner and having clean antecedent, the petitioner above-named, 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 the learned Additional District and Sessions Juge XII, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 45 of 2020 (NDPS Case No. 02 of 2020), subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.19704 of 2020(3) dt.25-08-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T