Patna High CourtCR. MISC./520/2019bail granted

Manoj Kumar v. The State Of Bihar

2019-01-16Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.520 of 2019 Arising Out of PS. Case No.-466 Year-2018 Thana- MANER District- Patna ====================================================== Manoj Kumar S/o Sri Arjun Prasad Singh R/v Kothiya,P.S. Didarganj, Distt. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Special (NDPS) P.S. Case No. 106 of 2018 arising out of Maner P.S. Case No.466 of 2018 registered for the offence punishable under Section 414, 34 the Indian Penal Code and Section 20/22 of the NDPS Act. Allegation against the petitioner is recovery of 400 grams Ganja from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted that the petitioner was neither arrested on the spot nor any incriminating article has been recovered from his possession. Petitioner is in custody since 15.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.520 of 2019(3) dt.16-01-2019 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge/Sessions Judge, NDPS, Patna in connection with Special (NDPS) P.S. Case No. 106 of 2018 arising out of Maner P.S. Case No.466 of 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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