Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6034 of 2021 Arising Out of PS. Case No.-300 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== GOLU KUMAR S/O UMESH PRASAD Resident of Village - Jhapha Udan, P.S. - Ahiyapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE ZONAL DIRECTOR NARCOTICS CONTROL BUREAU PATNA PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No.300/2020 registered for the offence punishable under Sections 20/22 of the NDPS Act.

As per the prosecution case, during patrolling duty, informant saw four persons including the petitioner getting

Patna High Court CR. MISC. No.6034 of 2021(2) dt.16-04-2021 2/3 down from an auto-rickshaw having bags in their hands. On suspicion, informant reached near them, then they started fleeing away but were apprehended. Recovery of several quantity of Ganja and mobiles have been made from their possession.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He has been falsely implicated in this case only on suspicion. No incriminating article has been recovered from his conscious physical possession. The petitioner has no concern with the said auto or the bag from which recovery has been made. The recovery of 1 Kg. of Ganja is small quantity. Similarly situated co-accused has been granted bail vide Cr. Misc. No.32512 of 2020 dated 09.12.2020 by a co-ordinate Bench of this Court. The petitioner has one criminal antecedent and has been languishing in custody since 10.03.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.6034 of 2021(2) dt.16-04-2021 3/3 District and Sessions Judge-cum- Spl. Judge, N.D.P.S. Act, Muzaffarpur in connection with Ahiyapur P.S. Case No.300/2020, subject to the following conditions: (1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) pallavi/- U T