Patna High CourtCR. MISC./31502/2017bail granted

Rakesh Kumar v. The State Of Bihar

2017-07-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31502 of 2017 Arising Out of PS.Case No. -377 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Rakesh Kumar, son of Nawlesh Prasad Yadav, Resident of VillageSigrampur, P.S. Dhanarua, Distt Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate. Mr. Anil Kumar, Advocate.

For the Opposite Party : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 07.10.2016, has renewed his prayer for bail in connection with Hajipur Sadar P.S. Case No. 377 of 2016 having earlier been rejected by order dated 16.03.2017 in Criminal Miscellaneous No. 12805 of 2017.

3. Learned senior counsel for the petitioner Mr. Yogesh Chandra Verma submits that there is subsequent development in the case of three other similarly situated co-accused who have been granted bail by this Court vide Annexure-5 series. It is further submitted that there is nothing on record to indicate the quantity of ganja alleged to have been recovered from each of the accused persons.

4. Considering that three out of four accused persons have been granted bail by this Court as well as period of custody since 07.10.2016 having suffered by the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional Sessions Judge cum

Patna High Court Cr.Misc. No.31502 of 2017 (2) dt.19-07-2017 2/2 Special Judge, N.D.P.S., Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 377 of 2016 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T