Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24320 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- RAHUI District- Nalanda ====================================================== SHAILENDRA KUMAR Son of Raja Ram Prasad 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 For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Rahui (Wena) P.S. Case No. 04 of 2020 (Psychotropic Substance Case No. 02 of 2020), registered for the offence punishable under Sections 8/20(b)(ii) (c)/25/29 of the NDPS Act.

On specific input, raid was conducted and two accused persons were apprehended on the spot and from possession of this petitioner 900 gms of Ganja is said to have been recovered.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.24320 of 2020(2) dt.24-09-2020 2/2 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.

Keeping in view the period of custody and the fact that small quantity of Ganja has been recovered, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Nalanda in connection with Rahui (Wena) P.S. Case No. 04 of 2020 (Psychotropic Substance Case No. 02 of 2020), subject to 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.

(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. (Prabhat Kumar Singh, J) vinita/- U T