Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22295 of 2020 Arising Out of PS. Case No.-501 Year-2019 Thana- Barh District- Patna ====================================================== Nitish Kumar, an adult male, aged about 24 years, son of Sri Shiv Pujan Yadav, Resident of Village - Budhanpur, Police Station - Barh, District - Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Singh, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02.

24.08.2020 Heard Mr. Vishwajeet Singh, learned counsel for the petitioner and Ms. Sharda Kumari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Barh P. S. Case No. 501 of 2019 dated 19.10.2019, instituted for the offences under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

It has been submitted on behalf of the petitioner that from the reading of the F.I.R. it would appear that one Manish Kumar was arrested with one kg. of Ganja

and he disclosed the name of the petitioner as the person who had asked him to carry / transport the aforesaid contraband.

The learned counsel for the petitioner has submitted that he is a person of clean antecedents and his implication in this case is only on the basis of confession of an arrested accused person.

The aforesaid Manish Kumar has already been granted bail by a Bench of this Court.

Regard being had to the afore-stated facts, the petitioner, above-named, in the event of his arrest or surrender before the court below within a period of eight weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Session cum Special Judge, Patna in connection with Barh P. S. Case No. 501 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

However, it is made clear that petitioner shall participate in the trial and his reluctance or noncooperation in the trial shall render his bail liable to be cancelled.

(Ashutosh Kumar, J) skm U T