Patna High CourtCR. MISC./46093/2024bail granted

Nitish Kumar v. The State Of Bihar

2024-09-27Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46093 of 2024 Arising Out of PS. Case No.-265 Year-2023 Thana- SURYAPURA District- Rohtas ====================================================== Nitish Kumar SON OF RAM DAYAL SAH VILLAGE- SAHIYAR, PSSIMARI, DIST- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amish Kumar Mr. Prabhakar Thakur Mr. Aamin Hayat For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-09-2024 Heard the learned counsel for the petitioners and the learned APP for the State; Shri Jharkhandi Upadhyay.

2. The petitioner seeks bail in connection with Suryapura P.S. Case No. 265 of 2023 registered for the offence under Sections 8/20/22C of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

3. As per the prosecution case, the recovery of 22.5 Kg of Ganja was from the house of one Rakesh Kumar Chaudhary who has named the petitioner in his confessional statement.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is in custody since 29.03.2024. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.46093 of 2024(3) dt.27-09-2024 2/2

5. Considering the aforesaid facts, this application is allowed.

6. Let the petitioner, above named, be released 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 District and Sessions Judge, Rohtas / concerned Court below in connection with Suryapura P.S. Case No. 265 of 2023 subject to condition that:- (I). The petitioner will mark his attendance at Natwar Police Station on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner. (ii). Before accepting the bailbond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bond of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bail-bond shall not be accepted by the court below.

(Sandeep Kumar, J) Shishir/- U T