Patna High CourtCR. MISC./31085/2014bail granted

Jitendra Kumar Verma @ Jitendra Verma v. State Of Bihar And ANR

2015-01-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31085 of 2014 Arising Out of PS.Case No. -143 Year- 2014 Thana -DUMRAUN District- BUXAR ====================================================== Jitendra Kumar Verma @ Jitendra Verma Son of Sheojee Prasad, Resident of village Naya Bhojpur, P.S. Dumrao in the district of Buxar. .... .... Petitioner

Versus

1. The State of Bihar.

2. Zonal Director, Narcotic Control Bureau, Bihar, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Akhileshwar Pd. Singh, Sr. Advocate Mr. Prabhu Narayan Sharma, Advocate For the Opposite Parties: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 272 and 273 of the Indian Penal Code, Section 20B II of the Narcotic Drugs & Psychotropic Substances Act and Section 47A of the Excise Act registered in connection with Dumrao (Naya Bhojpur) P.S. Case No. 143 of 2014.

3. It is submitted that the petitioner has been falsely implicated as Bhang is not covered under the provisions of Narcotic Drugs & Psychotropic Substances Act at all and no offence is made out against the petitioner even on the averments made in the first information report. It is further submitted that the petitioner has applied for renewal of his licence on 21.03.2013

Patna High Court Cr.Misc. No.31085 of 2014 (2) dt.20-01-2015 2/2 itself which has not been refused till date.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let petitioner (Jitendra Kumar Verma @ Jitendra Verma) 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 learned Sessions Judge-cum-Special Judge (I/C NDPS Case), Buxar in connection with Dumrao (Naya Bhojpur) P.S. Case No. 143 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:- (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/- U