Vishnu Kumar @ Vishunu Kumar @ Vishun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69650 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- AIRPORT District- Patna ====================================================== Vishnu Kumar @ Vishunu Kumar @ Vishun Kumar Son of Rajendra Prasad, R/o-Kinjar Nadipar, P.S.-Kinjar, District-Arwal, at Present Shekhpura, Shopkeeper of Khaini Biri, P.S.-Hawai Adda, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 20/22 of the NDPS Act registered in connection with Special Case No. 80/2018 arising out of Hawai Adda P.S. Case No. 159/2018.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of 400 grams of Ganja from the gumti. It is submitted that the petitioner is not the owner of the gumti nor has any concern with the seizure of the Ganja. Except suspicion there is no material to connect the petitioner with the alleged occurrence. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Patna in connection with Special Case No. 80/2018 arising out of Hawai Adda P.S. Case No. 159/2018. subject to the conditions as laid down under Section 438 (2) Cr.P.C. and

Patna High Court CR. MISC. No.69650 of 2018(4) dt.27-02-2019 2/2 also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T