Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35992 of 2017 Arising Out of PS.Case No. -42 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anuj Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with N.D.P.S.Case No.42 of 2016 , registered for offences punishable under Sections 47(A) of Excise Act and Section 20(b) of the N.D.P.S. Act.

Earlier the prayer for bail of the petitioner was rejected, vide order dated 18.1.2017 passed in Cr. Misc. No.45915 of 2016.

Submission of the learned counsel for the petitioner is that nothing has been recovered from his shop rather from behind the shop of the petitioner and now he is in custody for about one year, as such the prayer for bail of the petitioner was rejected. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.35992 of 2017 (3) dt.06-09-2017 2/2 circumstances of the case as well as the fact that the petitioner is in custody for about one year and the recovery is from behind the shop of the petitioner, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, East Champaran, Motihari in connection with N.D.P.S.Case No.42 of 2016. With 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 co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T