Patna High CourtCR. MISC./19821/2018bail granted

Tinku Sahni v. The State Of Bihar

2018-04-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19821 of 2018 Arising Out of PS.Case No. -600 Year- 2017 Thana -KOTWALI District- PATNA ======================================================

1. Tinku Sahni, Son of Krishna Sahni, Resident of Mohalla-Jairam Bazar (Khagaul), P.O. & P.S. Khagaul, District-Patna (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deo Raj Kumar Prasad, Adv. For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2018 Heard learned Counsel for the petitioner and the State.

Petitioner, already in custody since 06.11.2017, seeks bail in Special Case No.169 of 2017 arising out of Kotwali P.S Case No. 600 of 2017 registered under Sections 18, 21(b), 22(i), 28, 29 and 30 of the NDPS Act. The allegation in brief is that five small packets of Smack was recovered from possession of the petitioner. Learned Counsel for the petitioner submits that the allegation of recovery of five small packets of Smack is false, even the weight is not mentioned, the petitioner has no criminal antecedent, he is in custody since 06.11.2017 and the police has completed the investigation.

Co-accused Kundan Kumar has already been

Patna High Court Cr.Misc. No.19821 of 2018 (2) dt.11-04-2018 allowed bail by a Coordinate Bench of this Court in Cr.Misc. No.18975 of 2018.

Having considered the aforesaid facts and circumstances and the quantity of recovery, 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 Special Case No.169 of 2017 arising out of Kotwali P.S Case No. 600 of 2017, subject to the condition that the petitioner shall fully cooperate with the 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