Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40053 of 2017 Arising Out of PS.Case No. -163 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. Amit Kumar son of Late Krishna Sah Resident of Village/Mohalla - Tetrawan; Police Station - Manpur, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 The petitioner seeks regular bail in connection with Kadamkuan P.S. Case No. 163 of 2017, registered for offences punishable under Sections 276, 419, 420, and 468 of the Indian Penal Code and Section 27(a)(b)(ii)(c) and 28 of the Drugs and Cosmetics Act, 1940 and Section 7(i)(ii) of the Essential Commodities Act.

Prosecution story is that police on information raided the house of one Sanjay Kumar, from where huge quantity of illegal drugs were recovered and petitioner was also apprehended there. It has been submitted on behalf of the petitioner that he is neither the owner of the house nor the owner of the company and he only happens to be a worker and has nothing to do with the alleged offence and he was not aware of the fact that recovered

Patna High Court Cr.Misc. No.40053 of 2017 (2) dt.23-08-2017 2/3 drugs were illegal. Further other co-accused having similar allegation has already been released on bail vide order dated 10.08.2017 passed in Criminal Miscellaneous No. 36478 of 2017 and petitioner has been in judicial custody since 22.04.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the fact and circumstances and as other co-accused has already been granted bail, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Patna, in connection with Kadamkuan P.S. Case No. 163 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) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event

Patna High Court Cr.Misc. No.40053 of 2017 (2) dt.23-08-2017 3/3 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.

(Vinod Kumar Sinha, J) sunil/- U T