Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47135 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- BRAHMPURA District- Muzaffarpur ====================================================== ROUSHAN KUMAR SON OF LEKH NARAYAN PAL R/O VILLAGEKALYANPUR, P.S.- AURAI, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-11-2022 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 the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Brahampura P.S. Case No. 89 of 2022, registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 8/20 (b) (ii) A of the N.D.P.S. Act. As per allegation, 6.40 grams of smack like substance was recovered from the pocket of the present

Patna High Court CR. MISC. No.47135 of 2022(2) dt.30-11-2022 2/3 petitioner.

The learned counsel for the petitioner has submitted that he is a person of clean antecedent. The quantity of smack alleged to be recovered from the possession of the petitioner itself shows that it was slightly above the small quantity. The petitioner is under custody since 17.04.2022.

Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, 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 Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Brahampura P.S. Case No. 89 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) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar

Patna High Court CR. MISC. No.47135 of 2022(2) dt.30-11-2022 3/3 type of offence. If it is found so, 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) Nirmal/Mahesh U T