Patna High CourtCR. MISC./57335/2017bail granted

Santosh Ram v. The State Of Bihar

2017-12-13Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57335 of 2017 Arising Out of PS.Case No. -318 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Santosh Ram, S/o Late Ramayan Ram, resident of Village- Siswa, P.S.- Shikarpur, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Shikarpur P.S. Case No.318 of 2017 registered for the offences punishable under Sections 20 and 22 of the N.D.P.S. Act. It has been submitted that this petitioner and Dilip Patel were apprehended by police and from their possession 3.2 Kg. of ganja was recovered. Dilip Patel was directed to be enlarged on bail after completing six months in custody or after framing of charge, whichever is earlier. The said Dilip Patel in pursuance of order passed in Cr. Misc. No.49794 of 2017 has been released. The case of the petitioner stands on similar footing. The learned A.P.P. for the State opposed the submission.

Patna High Court Cr.Misc. No.57335 of 2017 (2) dt.13-12-2017 Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Sessions Judge, Bettiah, West Champaran in connection with Shikarpur P.S. Case No.318 of 2017, subject to the 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate 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.

(Sanjay Kumar, J) Harish/- U