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Patna High CourtCR. MISC./20844/2019allowed

Harsh Sharma v. The State Of Bihar

2019-06-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20844 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== HARSH SHARMA Son of Late Sunder Lal Sharma, Resident of VillageDhamaganj, P.S. and District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 17, 22, 27, 27(A) 29 of the N.D.P.C., Act.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that co-accused has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 26171 of 2019 on 09.05.2019. Petitioner is languishing in judicial custody since 10.03.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail

Patna High Court CR. MISC. No.20844 of 2019(3) dt.26-06-2019 2/2 bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (NDPS), Act, Kishanganj in connection with Kishanganj Police Station Case No. 129 of 2019 giving rise to Special Case No. 09 of 2019 subject to the conditions:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) 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. (Anjani Kumar Sharan, J) devendra/- U T