Ram Krishna Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55855 of 2019 Arising Out of PS. Case No.-423 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== Ram Krishna Prajapati, aged about 32 eyars, Male, Son of Shyam Kumar, Resident of Village - Sangram Garh, P.S.- Sangramgarh, dist.- Pratap Garh (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-09-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with N.D.P.S. Case No. 03 of 2017, arising out of Barachatti P.S. Case No. 423 of 2016, registered for the offences punishable under Sections 420, 467, 468, 471, 120(B), 414 of the Indian Penal Code and Section 8/20(3)/ii(b)/22/25/29 of the N.D.P.S. Act.

Allegation against petitioner is of recovery of 100 kilogram Ganja from the vehicle in which petitioner and other co-accused were present.

Petitioner has earlier moved this Court for bail vide

Patna High Court CR. MISC. No.55855 of 2019(2) dt.11-09-2019 2/3 Cr. Misc. No. 37439 of 2018 which was rejected on 23.08.2018. Similarly, placed co-accused has been granted bail vide order dated 01.05.2019 passed in Cr. Misc. No. 13269 of 2019. Petitioner is in custody since 24.10.2016 having no criminal antecedent.

Considering the aforesaid facts and circumstances, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- 4th, Gaya, in connection with N.D.P.S. Case No. 03 of 2017 arising out of Barachatti P.S. Case No. 423 of 2016 with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be

Patna High Court CR. MISC. No.55855 of 2019(2) dt.11-09-2019 3/3 at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T