Kiran Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42753 of 2019 Arising Out of PS. Case No.-220 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== Kiran Paswan S/o Rambilash Paswan R/o village- Madhubani, P.S.- Khajanchi K. Hat, District- Purnia ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Union of India through Director, Excise and Custom, Department of Home Government of India Karpoori Bhawan, Ashiyana Digha Road, Patna24, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Narpatganj P.S. Case No. 220 of 2019 (Special Case No. 11 of 2019), registered for the offences punishable under Sections N.D.P.S. Act. F.I.R is against five persons including this petitioner. Allegation is that 39 K.G. of Ganja was recovered from a vehicle in which petitioner and co-accused Jay Ram Yadav were sitting. Both the accused persons were arrested by the police. It is submitted by learned counsel appearing on behalf of petitioner that petitioner is driver of the vehicle. He has no concern with the recovered Ganja. Co-accused Jay Ram Yadav is the owner of the said vehicle and he has been granted bail by

Patna High Court CR. MISC. No.42753 of 2019(5) dt.16-10-2019 2/2 a coordinate Bench of this court vide order dated 20.09.2019 passed in Cr. Misc. No. 45133 of 2019. Petitioner is in custody since 06.04.2019.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge,Araria in connection with Narpatganj P.S. Case No. 220 of 2019 (Special Case No. 11 of 2019), subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T