Kishun Dhanuk v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41277 of 2018 Arising Out of PS.Case No. -137 Year- 2018 Thana -SAHPUR District- BHOJPUR ======================================================
1. Kishun Dhanuk Son of Late Nagina Dhanuk, resident of Village/ Mohalla- Sahpur, P.S.- Sahpur, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ritesh Kumar, Advocate For the Opposite Party/s : Mr. Akhilesh Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with N.D.P.S. Case No. 5 of 2018 arising out of Sahpur P.S. Case No. 137 of 2018 registered for offences punishable under Sections 20/22 of the N.D.P.S. Act.
Allegation against the petitioner is of recovery of Heroin weighing 9 gram 300 m.g. from the possession of the petitioner and accordingly seizure list has been prepared. Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner and the procedure of seizure conducted by investigating officer has been defective and that shows 9 mg heroin was recovered and he is in custody since 17.05.2018, having no
Patna High Court Cr.Misc. No.41277 of 2018 (3) dt.25-09-2018 2/2 criminal antecedent.
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 Sessions Judge, Bhojpur at Ara in connection with N.D.P.S. Case No. 5 of 2018 arising out of Sahpur P.S. Case No. 137 of 2018, subject to the following conditions that:
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) 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