Deepak Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8726 of 2018 Arising Out of PS. Case No.-622 Year-2017 Thana- KOTWALI District- Patna ====================================================== Deepak Prasad, S/o Narayan Prasad, resident of Mohalla- Kali Bari, Rajputana, P.S.- Gardani Bagh, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Zonal Director, Narcotics Control Bureau, Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gautam Shah, Advocate For the Opposite Party/s :

Mr. Manoj Kumar Singh (C.G.C.) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Union of India. The petitioner, who is in custody, seeks bail in connection with Special (N.D.P.S.) Case No. 173 of 2017 arising out of Kotwali P.S. Case No. 622 of 2017 registered for the offence punishable under Sections 18, 22, 25 of N.D.P.S. Act and Section 414/411 of the Indian Penal Code and Section 37(b) (C) of Bihar Prohibition and Excise Act, 2016. Allegation against petitioner is of recovery of 1.800 gram of Ganja and one mobile from his possession. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case. Petitioner has no criminal antecedent and he is in custody since 17.11.2017.

Patna High Court Cr.Misc. No.8726 of 2018(7) dt.27-11-2018 2/2 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Spl. Judge, Patna, in connection with Special (N.D.P.S.) Case No. 173 of 2017 arising out of Kotwali P.S. Case No. 622 of 2017 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T