Patna High CourtCR. MISC./48235/2018bail granted

Lal Babu Mian v. The State Of Bihar

2018-09-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48235 of 2018 Arising Out of PS.Case No. -98 Year- 2017 Thana -PARSA District- SARAN ======================================================

1. Lal Babu Mian, Son of Md. Abbas Mian @ Md. Abbas, Resident of Village- Harpur Parsa, P.S.- Parsa, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar, Adv For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 307,412 of the Indian Penal Code, Sections 25(1-b)a/26 of the Arms Act and Sections 20/22/29 of the N.D.P.S. Act.

One Kg of Ganja was allegedly recovered from a motorcycle on which the petitioner was also there. Petitioner is in custody since 11.06.2017.

Earlier, prayer for bail was refused on 04.01.2018 in Cr. Misc. No.55649 of 2017 with direction to the learned Trial Judge to expedite the trial. However, report of the learned Trial Judge dated 12.09.2018 reveals that no prosecution witness has been examined in the case up-till-now.

Patna High Court Cr.Misc. No.48235 of 2018 (3) dt.19-09-2018 Considering the nature of allegation and period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with N.D.P.S. Case No.11 of 2017 arising out of Parsa Police Station Case No.98 of 2017, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T