Munchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13189 of 2017 Arising Out of PS.Case No. -342 Year- 2016 Thana -BARH District- PATNA ======================================================

1. Munchun Kumar, S/o Upendra Mahto @ Upendra Mistri, R/o VillageBadhana, P.S.- Barh, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2017 Heard the parties.

This application has been filed in connection with Bar P.S.Case No.342 of 2016 for the offence under Sections 20 & 22 of the N.D.P.S. Act.

It is submitted on behalf of the petitioner that though in the F.I.R. it is alleged that 1.5. kg. of Ganja was recovered from the possession of the petitioner but all the witnesses before the Police as well as in the case diary, it has come that only 500 grams. of Ganja was recovered. The petitioner is in custody for about five months.

Heard learned A.P.P. also.

Having heard both sides and in view of submissions of both the parties and also it has come that only 500 grams. of Ganja was

Patna High Court Cr.Misc. No.13189 of 2017 (3) dt.04-04-2017 2/2 recovered, which is lesser than the commercial quantity and he has remained in custody for about five months.

Considering the above facts, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.D.J. Xth, Patna in connection with Barh P.S.Case No.342 of 2016 .

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U