Sadanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67114 of 2021 Arising Out of PS. Case No.-167 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== Sadanand Kumar, Son Of Shri Mohan Ray Resident Of Village- Momadpur Sura, P.S.- Gaighat, District- Muzaffarpur.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Vaishnavi Singh For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402, 414, 34 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 8, 20 and 22 of the N.D.P.S. Act. The learned counsel for the petitioner submits that the petitioner is in custody since 29.04.2021, charge-sheet has been submitted in the case and has antecedent of six cases. Allegation is of recovery of a knife and 02 kg. of Ganja from the possession of the petitioner.

The learned counsel for the petitioner submits that petitioner is on bail in all the six cases. It is further submitted that most of the cases against the petitioner are under Section

Patna High Court CR. MISC. No.67114 of 2021(2) dt.09-05-2022 2/3 392 and other sections of the I.P.C., in which the petitioner has been roped in subsequently. The learned counsel further submits that as far as recovery of ganja is concerned, the same is a little more than the small quantity, but much less than the commercial quantity.

The learned A.P.P. for the State opposes the bail application and submits that petitioner has antecedent of six cases.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and the alleged recovery of ganja is a little more than the small quantity, but much less than the commercial quantity, the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Gaighat P. S. Case No.167 of 2021, subject to condition that one of the bailors shall be the close relative of the petitioner, who will file a genealogical table duly certified by the concerned Circle Officer.

However, it is made clear that if the learned Court below comes to a conclusion that the petitioner after his release

Patna High Court CR. MISC. No.67114 of 2021(2) dt.09-05-2022 3/3 is trying to delay the trial, the learned Court below shall forthwith cancel his bail bonds after recording reasons. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T