Prem Kumar Sah @ Shahu @ Prem Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37512 of 2017 Arising Out of PS.Case No. -4 Year- 2013 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Prem Kumar Sah @ Shahu @ Prem Shankar Sah Son of Late Dina Nath Sah, Resident of Village-Karkach Madhopur, P.S. Barauli, DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Maheshwar Dhar Dwivedi For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 The petitioner seeks regular bail in connection with Pachrukhi P.S. Case No. 4 of 2013, registered for offences punishable under Sections 279, 337, 338, 427 of the Indian Penal Code and Section 20/22 of NDPS Act.

Petitioner is not named in the F.I.R and it is alleged that 52 Kg of ganja has been recovered from one co-accused of this case and petitioner has been named by that co-accused. It has been submitted on behalf of the petitioner that save and except the confessional statement of co-accused, there is nothing against the petitioner and nothing has been recovered from the possession of the petitioner and other similarly situated coaccused has already been granted bail by this Court vide order dated 03.08.2017 passed in Cr. Misc No. 4 of 2013 and petitioner

has been in judicial custody since 24.08.2016. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as the fact that other co-accused has already been granted bail by this Court, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st District & Sessions Judge, Siwan, Bhagalpur, in connection with Pachrukhi P.S. Case No. 4 of 2013, 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 without showing any genuine reasons, the

prosecution is free to move for cancellation of his bail.

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