Amit Ahlawat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78009 of 2018 Arising Out of PS. Case No.-224 Year-2018 Thana- PIPRA District- East Champaran ====================================================== Amit Ahlawat S/o Devender Singh, R/o Barwala, House No. 141, Firni Road, P.S.- Pahladpur, Distt.- North West Delhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shri Prakash Tiwari For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in NDPS Case No.49/2018 arising out of Pipra P.S. Case No. 224 of 2018 registered for the offence punishable under Sections 414 and 420 of the Indian Penal Code and Sections 20 & 22 of the N.D.P.S. Act. The allegation is regarding the accused persons including the petitioner having arrived at a hotel on various cars whereafter, the owner of the hotel had informed the police and when the vehicles were raided by the police, 500 gm. Charas was recovered. It is also alleged that smell of wine was also coming from the said vehicles and couple of number plates were recovered.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has

Patna High Court Cr.Misc. No.78009 of 2018(6) dt.14-02-2019 2/3 further been submitted that the petitioner is driver of Swift car and he has nothing to with the recovered Charas as the same has not been recovered from his car. Petitioner has got no criminal antecedent and is in custody since 22.08.2018. Similarly situated co-accused person, Jitendra Kumar , has been granted bail by a co-ordinate Bench of this Court vide order dated 11.01.2019 passed in Cr. Misc. No.70976 of 2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari in connection with NDPS Case No.49/2018 arising out of Pipra P.S. Case No. 224 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.78009 of 2018(6) dt.14-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T