Kamlesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 21875 of 2018 Arising Out of PS.Case No. -142 Year- 2017 Thana -BAUSI District- PURNIA ====================================================== Kamlesh Ram S/o Harivansh Ram, R/o Vill.- Bagrora, P.S.- Baisi, DistrictPurnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act.

It is submitted by the petitioner's counsel that the alleged recovery is much below the commercial quantity. It is further submitted that it is a case of false implication as would be evident from Annexure 2 which is an informatory petition dated 28.04.2017 lodged by cousin of the petitioner much prior to the alleged implication wherein he has expressed apprehension of impending false implication of the petitioner also in the case. It is also submitted that the articles have not been recovered from the

Patna High Court Cr.Misc. No.21875 of 2018 (4) dt.23-05-2018 2/2 conscious possession of the petitioner as would be apparent from the seizure list. Petitioner is on anticipatory bail in another case under the same Act which was lodged against him earlier and there is one more case pending under the Excise Act in which he is on bail. He is in custody in this case since 06.07.2017. Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Purnia in Special Case No 15 of 2017 arising out of Baisi Police Station Case No 142 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T