Md. Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62462 of 2018 Arising Out of PS. Case No.-427 Year-2018 Thana- KOTWALI District- Patna ====================================================== Md. Raju son of Md. Rahmatullah, Resident of Mohalla Phulwarisharif Mahatwana, P.S. Phulwari, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Ehteshamuddin For the Opposite Party/s :

Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kotwali P.S. Case No. 427 of 2018 (Spl. Case No. 70 of 2018) registered for the offences punishable under Sections 290, 354(d) and 34 of the Indian Penal Code and under Section 27 of the N.D.P.S. Act.

Informant who is the police officer stated that when he was on patrolling duty apprehended petitioner along with other co-accused persons when they were taking ganja. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has no criminal antecedent and he is in custody since 10.07.2018. It has been further submitted that similarly placed co-accused person has been granted bail by other co-ordinate Bench of this Court

Patna High Court Cr.Misc. No.62462 of 2018(3) dt.12-10-2018 2/2 in Cr. Misc. No. 57953 of 2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge/ Sessions Judge, Patna in connection with Kotwali P.S. Case No. 427 of 2018 (Spl. Case No. 70 of 2018) subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case case diary, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/ManojU T