Patna High CourtCR. MISC./60662/2018bail granted

Vikash Kumar v. The State Of Bihar

2018-10-06Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60662 of 2018 Arising Out of PS.Case No. -427 Year- 2018 Thana -KOTWALI District- PATNA ======================================================

1. Vikash Kumar son of Hari Om Shahni @ Hari Om Sahni, Resident of Punaichak, Near Devi Sthan, Police Station- Shastri Nagar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Swetabh, Adv. For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 The petitioner is in custody since 10.07.2018 in connection with Special Case No. 70 of 2018 arising out of Kotwali P.S. Case No. 427 of 2018, registered for offences punishable under Section 27 of the N.D.P.S. Act and Sections 290, 354(D)/34 of the Indian Penal Code.

Allegation against the petitioner is of recovery of ganja and pipe (Chillam) from the possession of the petitioner and other accused persons.

Submission of learned counsel for the petitioner is that other co-accused person having similar allegation has been granted privilege of bail by this Court vide order dated 28.09.2018 passed in Cr. Misc. No. 57953 of 2018. Further submission is that the petitioner has not having criminal antecedents and he is in

Patna High Court Cr.Misc. No.60662 of 2018 (2) dt.06-10-2018 2/3 custody since 08.07.2018.

Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge Cum Special Judge (N.D.P.S. Act), Patna, in connection with Special Case No. 70 of 2018 arising out of Kotwali P.S. Case No. 427 of 2018, 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 cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing

Patna High Court Cr.Misc. No.60662 of 2018 (2) dt.06-10-2018 3/3 any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T