Patna High CourtCR. MISC./1037/2018bail granted

Sunil Kumar v. The State Of Bihar

2018-01-12Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.1037 of 2018 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1037 of 2018 Arising Out of PS.Case No. -26 Year- 2017 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sunil Kumar Son of Gudder Mahto Resident of Village - Khamiya, P.S. - Inarwa, District - West Champaran ... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar, Advocate For the Opposite Party : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 22, 23, 24, 27(A) and 29 of the NDPS Act on the allegation of recovery of 650 grams of Charas from the seat cover of the vehicle in which he along with other co-accused was travelling.

Counsel for the petitioner submits that the similarly situated co-accused Gudar Mahto and Anil Kushwaha have already been granted bail vide order dated 4.1.2018 passed in Cr. Misc No. 46005 of 2017, even though there was antecedent of the these accused persons, otherwise the petitioner, having no antecedent, is similar to them as there is no recovery from his conscious possession. Petitioner is in custody since 21.3.2017.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge III, West Champaran at Bettiah in

Patna High Court Cr.Misc. No.1037 of 2018 (2) dt.12-01-2018 TR No. 42 of 20177, Inarwa Police Station Case No. 26 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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