Patna High CourtCR. MISC./36847/2017bail granted

Jitendra Kumar v. The State Of Bihar

2017-10-09Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.36847 of 2017 (3) dt.09-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36847 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -MARKAHI District- KHAGARIA ====================================================== Jitendra Kumar S/o Rajendra Yadav, resident of village- Alauli Dakhin Bari Tola, Ward No. 15, P.S.- Alauli, District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.05.2017 in connection with Special Case No. 07 of 2017 arising out of Morkahi P.S. Case No. 69 of 2017, G.R. No. 1497 of 2017 for the offences alleged under Sections 8 (20)(ii)(c) of the NDPS Act, 1985 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and no independent witnesses have been examined by the police. Mandatory provisions of NDPS Act relating to seizure have not been observed. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be enlarged on bail after completion of six months in custody on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge-cum-Sessions Judge, Khagaria, in connection with Special Case No. 07 of 2017 arising out of Morkahi P.S. Case No. 69

Patna High Court Cr.Misc. No.36847 of 2017 (3) dt.09-10-2017 of 2017, G.R. No. 1497 of 2017 on 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/Chandran U T