Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78718 of 2018 Arising Out of PS. Case No.-466 Year-2018 Thana- MANER District- Patna ====================================================== Pankaj Kumar Son of Upendra Rai Resident of Village-Ram bag,Didarganj P.S. Didarganj,Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Sri Chandra Bhushan Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Maner P.S. Case No. 466 of 2018 registered for the offences punishable under Sections 414, 34 of the Indian Penal code and Sections 20/22 of N.D.P.S. Act. Allegation against petitioner and other co-accused that from the possession of the petitioner one stolen Bajaj Pulsar Motorcycle was recovered and from another who is pillion rider sitting on petitioner's motorcycle 400 grms. Ganja was recovered.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing was recovered from the

Patna High Court Cr.Misc. No.78718 of 2018(2) dt.18-01-2019 2/2 conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 12.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (NDPS), Patna, in connection with Maner P.S. Case No. 466 of 2018, subject to 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 represented on each and every date fixed by the court.

(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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T