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Patna High CourtCR. MISC./19538/2018disposed

Sanjit Kumar @ Sanjeet Kumar Kushwaha v. The State Of Bihar

2018-04-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19538 of 2018 Arising Out of PS.Case No. -380 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sanjit Kumar @ Sanjeet Kumar Kushwaha, Son of Shri Harendra Mahto, Resident of Village- Kukura Chanpatiya, Police Station- Shikarpur, DistrictWest Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Shikarpur P.S.Case No.380 of 2017 , registered for offences punishable under Sections 20 and 22 of the N.D.P.S. Act. Submission of the learned counsel for the petitioner is that he is not named in the FIR and later on his name was sent for trial. It is further submitted that nothing has been recovered from his possession and he has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the court below within a period of four weeks from the date of

Patna High Court Cr.Misc. No.19538 of 2018 (2) dt.11-04-2018 2/2 receipt of the order and on his surrender, the learned Special Jduge will verify the submissions of the learned counsel for the petiotner, and if it is found true, he will release the petitioner on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, West Champaran at Bettiah in connection with Shikarpur P.S.Case no.380 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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 the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is disposed of.

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