Aman Kumar @ Aman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50532 of 2022 Arising Out of PS. Case No.-129 Year-2022 Thana- SIDHWALIYA District- Gopalganj ====================================================== AMAN KUMAR @ AMAN RAI Son of Devendra Ray Resident of Village - Sher, P.S.- Sidhwalia, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under sections 8, 20(b) and 20(ii)(B) of the NDPS Act.

As per the prosecution case, 22 purias including the polythene and paper puria of smack like substance weighing 8.38 grams were recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.50532 of 2022(2) dt.09-12-2022 2/3 case. The seized contraband is less than commercial quantity but more than small quantity. The petitioner is accused in 14 other criminal cases as stated in para 3 of the bail petition out of which he is on bail in 7 cases. The petitioner is in custody since 23.04.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Sidhwalia P.S. Case No. 129 of 2022, with the following conditions:-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

3. If the petitioner is found involved in any other

Patna High Court CR. MISC. No.50532 of 2022(2) dt.09-12-2022 3/3 criminal case in future, his bail bond is liable to be cancelled.

4. The petitioner is directed to mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasions, the present privilege of bail will stand cancelled by the concerned Court below.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T