Patna High CourtCR. MISC./20710/2017bail granted

Shiv Kumar @ Shiv Kumar Sarma@Shiv Kumar Singh v. The State Of Bihar

2017-05-10Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20710 of 2017 Arising Out of PS.Case No. -737 Year- 2015 Thana -BIHTA District- PATNA ======================================================

1. SHIV KUMAR @ SHIV KUMAR SARMA@SHIV KUMAR SINGH Son of Matar Singh, Resident of Village- Dihri, P.S. Bihta, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. Mr. Arun Kumar Pandey, Adv.

For the Opposite Party/s : Mr. Sri Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2017 The petitioner seeks regular bail in connection with Bihta P.S. Case No. 737/15, registered for offences punishable under Section 20/22 of N.D.P.S. Act.

Allegation is of recovery of 03 kilogram of Ganja from the house of the petitioner.

It has been submitted on behalf of the petitioner that petitioner being a home-guard has nothing to do with the alleged recovery and he was also not present there at the time of raid. Moreover, the co-accused, who is also the wife of the petitioner against whom there is specific allegation that she is in the business of selling Ganja has already been granted anticipatory bail by this Court vide order dated 30.01.2017, passed in Criminal Miscellaneous No. 2069 of 2017 and petitioner has no criminal

Patna High Court Cr.Misc. No.20710 of 2017 (2) dt.10-05-2017 2/3 antecedent an has been in judicial custody since 10.01.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the fact and circumstances, period of custody and also other co-accused against whom, there was specific allegation of selling Ganja, has already been enlarged on bail, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Patna in Special Case No. 21/2015, in connection with Bihta P.S. Case No. 737 of 2015, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.20710 of 2017 (2) dt.10-05-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T