Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32532 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- INARWA District- West Champaran ====================================================== ROHIT KUMAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-06-2023 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, today itself. Earlier prayer for bail of the petitioner was rejected vide order dated 31.08.2022 passed in Cr. Misc. No. 27308 of 2022.

The petitioner is an accused in connection with Tr. No. 52/2022 (arising out of Inarwa P.S. Case No. 24/2022) for the offence registered under Sections 20(b), (ii) (b), 23 (b) and 29 of the N.D.P.S. Act lodged on 12.03.2022 by the informant, Rakesh Manipal.

The allegation against the petitioner is of recovery of 20 K.G. of 'ganja' beside Bajaj Platinum motorcycle and other

Patna High Court CR. MISC. No.32532 of 2023(2) dt.21-06-2023 2/3 materials.

Taking into account the fact that the petitioner is in custody since 12.03.2022 (as stated in paragraph 16 of the bail petition) and do not have criminal antecedent, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of .learned Additional Sessions Judge -III, Bettiah, West Champaran in connection with Tr. NO. 52/2022 (arising out of Inarwa P.S. Case NO. 24 of 2022, subject to the following conditions-:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.32532 of 2023(2) dt.21-06-2023 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/KiranU T