Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1997 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- DESARI District- Vaishali ====================================================== Rohit Kumar, Son Of Ram Sevak Singh Resident Of Village - Sahdullahpur, P.S. - Ganga Bridge, District - Vaishali At Hajipur (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-05-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 8, 20b(ii)(B), 22 and 29 of the N.D.P.S. Act. A loaded pistol and more than 5 Kg of ganja was allegedly recovered from the possession of the petitioner. Submission is that the petitioner has got no criminal antecedent. Petitioner is in custody since 27.01.2020. Investigation of the case is already complete. The recovered quantity is less than the commercial quantity. Hence bar contained under Section 37 of the N.D.P.S. Act is not attracted against the petitioner.

Considering the entire facts of this case aforesaid, let

Patna High Court CR. MISC. No.1997 of 2021(3) dt.21-05-2021 2/2 the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Desari (Sahdei O.P.) P.S. Case No. 21 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T