Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45738 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- HABIBPUR District- Bhagalpur ====================================================== KUNDAN KUMAR Son of Late Lakhan Das R/v- Aliganj Gangti Road, P.SMojahidpur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-12-2022 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 Mr. Mritunjay Kumar Nirala, the learned APP for the State. At the very outset, the learned counsel for the petitioner has submitted that in paragraph no. 1 of the bail petition, in place of "Section 276 Indian Penal Code" it has been typed mistakenly as "Section 376 Indian Penal Code".

Let it be corrected today itself.

In this case, the petitioner is seeking regular bail in connection with Habibpur P.S. Case No. 45 of 2022, registered for the offences punishable under Section 276 of Indian Penal Code, under Sections 18, 27 Drugs and Cosmetics Act and under Sections 21 and 22 N.D.P.S. Act.

The learned counsel for the petitioner has submitted that only four bottles of cough syrups of 100 ml each were recovered

Patna High Court CR. MISC. No.45738 of 2022(2) dt.14-12-2022 2/2 from the possession of the petitioner and he is under custody since 29.03.2022. He is a person of clean antecedent. Considering the facts and circumstances, 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 District Judge, Bhagalpur in connection with Habibpur P.S. Case No. 45 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) If the petitioner is found involved in future in the similar type of offence, 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.

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) kundan/-Mahesh U T