Keshav Kumar Singh @ Keshav Kumar @ Kaju v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40471 of 2016 Arising Out of PS.Case No. -17 Year- 2015 Thana -KHAGARIA GRP CASE District- KHAGARIA ====================================================== Keshav Kumar Singh @ Keshav Kumar @ Kaju Son of Mahendra Singh @ Upendra Singh Resident of Village-Ratanpur Town (Ratanpur O.P.), District-Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 29.03.2017 Heard learned counsel for the petitioner and Mr. J.N. Thakur, learned counsel for the State. The petitioner has renewed prayer for bail in a case registered for the offences punishable under Sections 20 and 22 of the NDPS Act.
From the possession of the petitioner 27 tablets of Alprax and from co-accused Md. Sahid 25 tablets of Ativan sadatives were recovered while they were sitting on platform no. 2 of Khagaria Railway Station.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.40471 of 2016 (3) dt.29-03-2017 2/3 petitioner that only on suspicion the accusation has been levelled. Though the petitioner has serious criminal antecedent but a supplementary affidavit has been filed stipulating in paragraph no. 2 of the same that the petitioner is on bail in all the cases. It is further submitted that earlier bail application of the petitioner was rejected vide order dated 21.01.2016 passed in Cr. Misc. No. 57910 of 2015 with liberty to petitioner to renew the prayer for bail after framing of charge. Statement has been made in paragraph no. 3 of the supplementary affidavit that the charges have been framed on 19.08.2016. The petitioner is in custody since 22.05.2015.
Considering the period of custody, the liberty given by this Court to renew prayer for bail after framing of charge and there is no likelihood of trial being concluded in near future, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Khagaria -cum- Special Judge, N.D.P.S. Act, Khagaria in connection with Special Case No. 03 of 2015 arising out of Khagaria Rail P.S. Case No. 17 of 2015. The learned trial court will be at liberty to positively cancel the bail bonds of the petitioner in two
Patna High Court Cr.Misc. No.40471 of 2016 (3) dt.29-03-2017 3/3 eventualities i.e. if he defaults for two consecutive occasions or substantially gets involved in some serious nature of offence. (Dinesh Kumar Singh, J) DKS/- U T