Abhinav Kumar @ Abhinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59221 of 2021 Arising Out of PS. Case No.-627 Year-2021 Thana- ARARIA District- Araria ====================================================== Abhinav Kumar @ Abhinay Kumar S/O Mr. Nagendra Prasad Yadav R/o village- Balha Ward No. 1, P.S.- Kewati, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Thakur, Adv.
Mr. Ritwik Thakur, Adv.
For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-04-2022 Heard learned counsel for the parties.
The petitioner is an accused in connection with Araria (RS) P.S. Case No.627 of 2021 lodged under Section 21(C)/22 of the N.D.P.S. Act, 1985.
As per the FIR, the Officer-in-charge on confidential information intercepted Scorpio near toll plaza. Although the driver tried to escape but the police zeroed in on them. Two persons managed to escape while three others were apprehended including the petitioner herein. The driver disclosed his name as Md. Jahid while other occupants were Balram Kumar Yadav and Abhinav Kumar, the petitioner herein. It is alleged in the FIR that 60 gms of brown sugar beside mobile was recovered from the conscious possession of the petitioner.
As per the bail application, the petitioner doesn't
Patna High Court CR. MISC. No.59221 of 2021(2) dt.13-04-2022 2/3 carry any criminal antecedent and is in jail since the date of occurrence i.e. 24.07.2021.
Taking into account the aforesaid facts, let the petitioner be released on bail on furnishing bail bond of Rs.25,000/-(twenty five thousand) with two sureties of the like amount each in connection with Araria (RS) P.S. Case No.627 of 2021 to the satisfaction of learned District and Sessions Judge-cum-Special Judge, NDPS, Araria, subject to following conditions:
(i) the Trial court shall satisfy itself on the criminal antecedents of the petitioner prior to his release on bail; (ii) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial court itself;
(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;
(v) the petitioner shall desist from committing any
Patna High Court CR. MISC. No.59221 of 2021(2) dt.13-04-2022 3/3 criminal offence again, failing which the State shall take steps for cancellation of his bail bonds.
With the aforesaid observation, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T