Pramod Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78788 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- MUZAFFARPUR (R.T) DistrictMuzaffarpur ====================================================== Pramod Sahani Son of Sri Jaadu Lal Sahni, Resident of Village- Pakri Bazar, P.S.- Dumariya Ghat, District- Motihari East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr. Ashtiyaque Ahmad, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Muzaffarpur Rail P.S. Case No. 129 of 2018 registered for the offence punishable under Sections 419, 420 and 414/34 of the Indian Penal Code and under Section 8/20 of NDPS Act.

Allegation against petitioner is of recovery of Rs.380/- and five pieces of intoxicant tablets from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide order dated 13.12.2018 in Criminal Miscellaneous No. 75005 of 2018 and 04.01.2019 in Criminal Miscellaneous No. 79051 of 2018. Petitioner has got

Patna High Court Cr.Misc. No.78788 of 2018(2) dt.17-01-2019 2/2 no criminal antecedent and is in custody since 21.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, NDPS Act, Muzaffarpur, in connection with Muzaffarpur Rail P.S. Case No. 129 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) ranjan/manojU T