Patna High CourtCR. MISC./44881/2017bail granted

Kundan Kumar v. The State Of Bihar

2017-09-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44881 of 2017 Arising Out of PS.Case No. -210 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Kundan Kumar, Son of Arjun Sharma @ Arjun Kumar, Resident of VillageBhawani Tola, P.O. Rampur Diyara, P.S.- Maner, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2017 Heard both sides.

The petitioner seeks bail in Nokha P.S. Case No. 210 of 2016 under sections 8(C), 20(B), 22, 27 (A) and 29 of the N.D.P.S. Act.

The Police intercepted a vehicle bearing Registration No. DL3-CAJ-5108 from which two persons, namely, Kundan Kumar, the petitioner and Sanjay Kumar were arrested. One Govind Kumar is said to have fled away from there. The petitioner was driver of the vehicle and from the vehicle, 8 packets each containing 2 kg. ganja, were recovered.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected on 02.03.2017 passed in Criminal Misc. No. 33 of 2017, with an observation that

Patna High Court Cr.Misc. No.44881 of 2017 (2) dt.20-09-2017 2/2 if trial is not concluded within six months, the petitioner may renew his prayer for bail but for a recovery of 16 kgs. Ganja, the petitioner is in jail since 31.08.2016. Petitioner has already remained in jail for about 13 months. The petitioner has got no criminal antecedent.

Considering the facts aforesaid, the petitioner, namely, Kundan Kumar is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge/Sessions Judge, Rohtas at Sasaram in connection with Nokha P.S. Case No. 210 of 2016, subject to the condition that one of the bailor shall be a close relation preferably father or mother having sufficient immovable property.

(Prabhat Kumar Jha, J) S.Sb/- U T