Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42410 of 2022 Arising Out of PS. Case No.-147 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== ANIL KUMAR Son of Nand Kishor Mahto, Resident of Mohalla- Bhagwan Das Ward no. 20, P.S- Town, Dist- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== 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 the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Town P.S. Case No. 147 of 2022 registered for offence punishable under section 22 of the NDPS Act.

As per FIR, police got a confidential information that the petitioner was indulged in illegal business of psychotropic substance. Police reached at the place of occurrence and after a little chase, the petitioner was apprehended. Some capsules and tablets alleged to be psychotropic substance were recovered

Patna High Court CR. MISC. No.42410 of 2022(2) dt.16-11-2022 2/3 from his possession.

The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he has falsely been implicated in this case. He has also submitted that the petitioner is under custody since 11.06.2022. 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, Darbhanga in connection with Town P.S. Case No. 147 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 with law.

Patna High Court CR. MISC. No.42410 of 2022(2) dt.16-11-2022 3/3 (iii) After release of the petitioner, the learned court below shall verify the criminal antecedent of the petitioner and it comes to the notice of the learned court below that the petitioner is involved in any other case, the learned court below shall be at liberty to cancel his bail bond.

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) Mahesh/- U T