Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42365 of 2022 Arising Out of PS. Case No.-148 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== GAURAV KUMAR S/O LAKSHMI SAH Resident of village- Narayanpur Sapahi, P.S.- Sakra, District- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Kudhni P.S. Case No. 148 of 2022, registered for the offences punishable under Section 414/34 of the Indian Penal Code and Sections 8(c), 20(b)(ii) (B) of the NDPS Act. As per FIR, when the motorcycle of the petitioner was searched, one kilogram of Ganja was recovered from his motorcycle.

Patna High Court CR. MISC. No.42365 of 2022(2) dt.16-11-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is under custody since 23.03.2022.

On the other hand, Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, especially the clean antecedent of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Kudhani P.S. Case No. 148 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance

Patna High Court CR. MISC. No.42365 of 2022(2) dt.16-11-2022 3/3 with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T