Bhola Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46357 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== BHOLA KUMAR KUSHWAHA, Son of Arjun Kushwaha Resident of Village - Rupahi Tar, P.S. - Bhitaha, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with N.D.P.S. (Spl.) Case No. 8 of 2021 for the offence punishable under Sections 8, 20(ii)(b)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The allegation is recovery of 9 Kgs of Ganja from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and the quantity (9

Patna High Court CR. MISC. No.46357 of 2021(7) dt.17-05-2022 2/3 kilogram) of Ganja which has been recovered is less than commercial quantity.

The petitioner is in custody since 14.03.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Taking into consideration the allegation made in the F.I.R. and period of custody, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Nawada, in connection with N.D.P.S. (Spl.) Case No. 8 of 2021, subject to the 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.

(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.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.46357 of 2021(7) dt.17-05-2022 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) skm/- U T