Krityanand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30923 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- KURSAKANTA District- Araria ====================================================== KRITYANAND MANDAL S/o Shukdev Mandal Resident of Urlaha, Ward No. 06, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in Spl. (NDPS) P.S. Case No. 19 of 2018 (arising out of Kursakanta (Sonamani) P.S. Case No. 179 of 2018 registered for the offence punishable under Sections 22, 24 and 29 of the NDPS Act.

Allegation against the petitioner is of recovery of 382 Grams of Heroine from the dickey of motorcycle which was being ridden by co-accused Md. Afzal. 382 Grams of Heroine was seized which is above than the commercial quantity of 250 Grams, for which two persons were arrested.

It has been submitted that similarly, situated coaccused person Md. Afzal has already been granted bail by a coordinate bench of this Court vide order dated 05.01.2019 in

Patna High Court CR. MISC. No.30923 of 2019(2) dt.17-08-2019 2/2 Criminal Miscellaneous No. 1494 of 2019 (Annexure-2). Petitioner has got no criminal antecedent and is in custody since 12.08.2018.

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 court below where the case is pending, in connection with Spl. (NDPS) P.S. Case No. 19 of 2018 (arising out of Kursakanta (Sonamani) P.S. Case No. 179 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/her absence on two consecutive dates without sufficient reason, his/her 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/- U