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Patna High CourtCR. MISC./22104/2020bail granted

Deepak Kumar v. The State Of Bihar

2020-08-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22104 of 2020 Arising Out of PS. Case No.-93 Year-2020 Thana- DHAMDAHA District- Purnia ====================================================== 1.

DEEPAK KUMAR Son of Arvind Kumar Yadav Resident of Village - Dhusar, P.S.- Tikapatti, District - Purnea.

2.

Gurudeo Kumar @ Gurudeo Son of Ramanand Yadav Resident of Village - Dhusar, P.S.- Tikapatti, District - Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-08-2020 The matter has been taken up through video conferencing.

Defects, if any, be removed within 15 days of the start of the physical Court.

Heard the parties.

Petitioners seek bail in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 27(b)(ii)/28 of the Drugs and Cosmetics Act, 1940 (Amendment Act 2008) and Section 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Prosecution case is that cough syrup was recovered from a four wheeler on which the petitioners were travelling and the said cough syrup was containing codeine. None of the petitioners have got any criminal antecedent and investigation of

Patna High Court CR. MISC. No.22104 of 2020(2) dt.19-08-2020 2/2 the case is already complete.

Considering the nature of allegation and completion of investigation as well as no material to substantiate that the petitioners are going to tamper with the evidence, there is no need for further detention of the petitioners as undertrial prisoner, hence, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dhamdaha Police Station Case No.93 of 2020 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T