Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1095 of 2019 Arising Out of PS. Case No.-471 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Pintu Kumar S/O Mahmaya Ram @ Mahamaya Ray, Resident of Village - Mirampur Rampur P.S. Raghopur District Vaishali . Present Address- Janta Road Pathar Gali C/O @ Tenent of Rambali Rai P.S. Gardanibag, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2019 Petitioner seeks bail in Special Case No.121/2018 arising out of Gardanibagh P.S. Case No. 471/2018 registered for the offence punishable under Sections 20(B)(1)(A) of N.D.P.S. Act.

Allegation against the petitioner is recovery of 20 grams ganja from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted that recovered quantity of ganja comes under the category of less than small quantity. Petitioner has no criminal antecedent and he is in custody since 15.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.1095 of 2019(2) dt.21-01-2019 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Patna, N.D.P.S. Act in connection with Special Case No.121/2018 arising out of Gardanibagh P.S. Case No. 471/2018 , 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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