Patna High CourtCR. MISC./46349/2019bail granted

Ganga Kumar v. The State Of Bihar

2019-10-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46349 of 2019 Arising Out of P.S. Case No.-20 Year-2019 Thana- DIGHALBANK District- Kishanganj ====================================================== Ganga Kumar, aged about 26 years, Male, Son of Sharwan Shahni Resident of Suryanarayan Tola, P.S.- Dighalbank, District - Kishanganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Diwakar Sinha, Advocate For the Opposite Party :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in connection with Dighalbank P.S.Case No.20 of 2019 registered for an offence under Sections 20 and 22 of the NDPS Act.

As per prosecution case, 950 grams of ganja has been recovered from the possession of the petitioner. It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case only on misunderstanding. It is further submitted that there is no recovery from the conscious possession of the petitioner. Petitioner is in custody since 26.04.2019 and having no criminal antecedent.

In view of the aforesaid facts, let the above named

Patna High Court CR. MISC. No.46349 of 2019(4) dt.16-10-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (NDPS Act), Kishanganj in connection with Special Case No.11 of 2019 arising out of Digahalb Bank P.S.Case No.20 of 2019 with following conditions:- (i) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T