Amit Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24210 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- DESARI District- Vaishali ====================================================== AMIT THAKUR Son of Kailash Thakur Resident of Village - Maksudpur, P.S. - Maniyari, District - Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Bela Singh, Advocate For the Opposite Party :

Mr. RR Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under sections 399/402 of the Indian Penal Code, sections 25, 26 and 35 of the Arms Act and sections 8, 20b(ii) B, 22 and 29 of the NDPS Act.

Police on secret information raided a place and arrested the petitioner and co-accused Rohit Kumar, while three others escaped. It recovered one loaded country made pistol and one cartridge from the possession of the petitioner, whereas one loaded country made Katta and total 5.132 kilograms Ganja were recovered from the possession of the said co-accused kept in his carry bag.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and he is in custody since 27.1.2020. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above 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 Additional Sessions Judge cum Special Judge NDPS Act, Vaishali in Desari Sahdei Police Station Case No. 21 of 2020 on

Patna High Court CR. MISC. No.24210 of 2020(2) dt.22-09-2020 2/2 the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T