Krishna Kumar @ Kishan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49321 of 2018 Arising Out of PS.Case No. -139 Year- 2017 Thana -KHUSRUPUR District- PATNA ======================================================
1. Krishna Kumar @ Kishan Son of Devi Prasad@ Devi Prasad Jaiswal Resident of Village- Arasia Bazar, P.S. Sarpataha, District- Jaunpur, U.P. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudha Chandra, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Special Case (N.D.P.S.) No. 101 of 2017 arising out of Khusrupur P.S.Case No. 139 of 2017, registered for offences punishable under Sections 399, 402, 353, 307/414 of the Indian Penal Code read with Section 25 (1-b)a, 26/27/35 of the Arms as well as Sections 20/22 of the Narcotic Drugs and Psychotropic Substance Act.
Allegation as per F.I.R. against the petitioner is that on getting secret information, the informant along with other
Patna High Court Cr.Misc. No.49321 of 2018 (3) dt.03-10-2018 2/3 police personals raided the place of occurrence and apprehended some persons including the petitioner and in search, 500 grams Charas has been recovered from the possession of the petitioner. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner and he is in custody since 20th July, 2017. It is further submitted that other co-accused persons having similar allegation have been granted bail by different co-ordinate Benches of this Court vide different dates in different Cr. Misc. matters, which will appear from Annexure-2 to Annexure-8.
Heard learned A.P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, 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 learned Additional Sessions Judge- X ( N.D.P.S.Act) Patna in connection with Special Case (N.D.P.S.) No. 101 of 2017 arising out of Khusrupur P.S.Case No. 139 of 2017, 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.
Patna High Court Cr.Misc. No.49321 of 2018 (3) dt.03-10-2018 3/3 ii) The petitioner will not induce any witness or tamper with the evidence.
iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds (Vinod Kumar Sinha, J) Sudha/- U T