Jitendra Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.44257 of 2017 (3) dt.16-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44257 of 2017 Arising Out of PS.Case No. -463 Year- 2017 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Jitendra Mishra, S/o Satyadeo Mishra, Resident of Verma Colony, P.S.- K. Hat (Maranga), District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with K.Hat (Maranga) P.S.Case no.463 of 2017 registered for offences punishable under Sections 20(B)/22 of N.D.P.S. Act giving rise to Spl. Case no.13 of 2017.

Allegation against the petitioner as per FIR is of recovery of 02 kg. ganja from the house of the petitioner. Submission of the learned counsel for the petitioner is that he is a student and the same has been recovered from the house of the petitioner and there is nothing available on the record to show that the same has been recovered from the conscious possession of the petitioner and moreover, one of the co-accused Sunil Mishra against him there is similar allegation, has already been granted bail, vide order dated 13.10-.2017 passed in cr. Misc. No.42225 of 2017 and the case of the petitioner is similar to the

Patna High Court Cr.Misc. No.44257 of 2017 (3) dt.16-10-2017 co-accused. The petitioner is in custody for three months. 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/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Spl. N.D.P.S. Act, Purnea in connection with K. Hat (Maranga) P.S.Case no.463 of 2017 giving rise to Spl. Case no.13 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidences.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

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