Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24509 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- RAHUI District- Nalanda ====================================================== MANOJ KUMAR Son of Late Bisheshwar Yadav Resident of Village - Jagnandanpur, P.S.- Rahui, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 8/20(b)(ii)(c)/25/29 of the Narcotics Drugs and Psychotropic Substance Act. On specific input, raid was conducted and two

Patna High Court CR. MISC. No.24509 of 2020(3) dt.06-10-2020 2/3 accused persons were apprehended on the spot and from possession of this petitioner 900gms of Ganja is said to have been recovered.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Less than small quantity of Ganja has been recovered. Charge sheet has already been submitted. Petitioner is in custody since 02.01.2020 having clean antecedent.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Nalanda in connection with Narcotics Drugs and Psychotropic Substance Case No. 02 of 2020 arising out of Rahui (Wena) Police Station Case No. 04 of 2020, subject to the following conditions:- (I) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.24509 of 2020(3) dt.06-10-2020 3/3 (II) 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. (Anjani Kumar Sharan, J) devendra/- U T