Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1209 of 2019 Arising Out of PS. Case No.-127 Year-2018 Thana- NADI P.S. District- Patna ====================================================== Sonu Kumar, s/o Sri Baijnath Rai @ Baidhanath Ray R/v- Ranipur, Morjhapul, Hajari Mohalla, P.S.- Mehdiganj, 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.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Special Case No.68 of 2018 arising out of Nadi P.S. Case No. 127 of 2018 registered for the offence punishable under Sections 8/20/22/25 and 29 of the NDPS Act.

Allegation is recovery of 18 kg. of ganja from a tempo which was being driven by the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has further been submitted that petitioner is driver of the tempo. Petitioner has no criminal antecedent and he is in custody since 08.07.2018. Similarly, situated co-accused person has been granted bail vide order dated 09.01.2019 passed in Cr. Misc. No.72205 of 2018.

Patna High Court Cr.Misc. No.1209 of 2019(3) dt.07-02-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail after 21.03.2019 upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Patna in connection with Special Case No.68 of 2018 arising out of Nadi P.S. Case No. 127 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