Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69519 of 2018 Arising Out of PS. Case No.-277 Year-2018 Thana- BEUR District- Patna ====================================================== Anuj Kumar S/o Late Bhagwan Singh, Resident of Village+ P.S. Kinjar, District- Arwal, at present residing at Sipara Dih, P.S. Beur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kumar For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Beur P.S. Case No.277/2018 registered for the offence punishable under Sections 20/22 of the N.D.P.S. Act.

The informant is Assistant Sub-Inspector of Beur Police Station who in his written report has stated that on receiving confidential information, when he along with police personnel reached near the Kali Gumti one person fled away after seeing the police party but petitioner was arrested, who was selling Ganja and from his possession, 500 gram Ganja and other articles were recovered.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case as nothing has been recovered from his possession as alleged in the F.I.R. It has been

Patna High Court Cr.Misc. No.69519 of 2018(3) dt.06-12-2018 2/3 further submitted that the alleged seized ganja comes under small quantity. It is contended that the petitioner is a daily wage labourer and when he denied service to the informant, he has been dragged in this case. Petitioner has no criminal antecedent and he is in custody since 11.09.2018.

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 amount each to the satisfaction of learned Sessions Judge/Special Judge, Patna in connection with Beur P.S. Case No.277/2018, Special Case No.101/2018 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 represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

Patna High Court Cr.Misc. No.69519 of 2018(3) dt.06-12-2018 3/3

(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) Sanjay/- U T