Ram Pravesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59073 of 2018 Arising Out of P.S.Case No. -181 Year- 2018 Thana -SULTANGANJ District- PATNA ====================================================== Ram Pravesh Prasad S/o Late Ram Lakhan Prasad, R/v Tikiyatoli, Chaitola, Mahavir Sthan, P.S.- Sultanganj, Distt.- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-10-2018 Heard learned counsels for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Sultanganj P.S.Case No.181 of 2018 registered for an offence under Sections 20(b), 17 and 11 of the NDPS Act. The informant of this case is the Sub Inspector of Sultanganj police station. On secret information he visited at the place of co-accused Mangal Prasad and seized ganja weighing 3.600 k.g. from his house. The said Mangal Prasad, however escaped, from the place of occurrence.

It is submitted that the petitioner is brother of said accused and he is residing at different place quite unconcerned with the affairs of his brother There is no

Patna High Court Cr.Misc. No.59073 of 2018 (2) dt.08-10-2018 2/2 recovery from the possession of the petitioner and only allegation is that he facilitated his brother in his escape from the place of occurrence. Petitioner is in custody since 03.07.2018 having clean antecedent.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. 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 Sessions Judge-Special Judge, Patna in connection with Special Case No.65 of 2018 arising out of Sultanganj P.S.Case No.181 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 themselves 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 any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T