Shrawan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53430 of 2018 Arising Out of PS.Case No. -246 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Shrawan Kumar, Son of Harinandan Rai,

2. Rama Shankar Rai @ Rama Shankar Kumar, Son of Chandeshwar Rai, Both resident of Village- Mohanpur, Police Station- Raghopur, DistrictVaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Earlier prayer for bail of the petitioners was dismissed vide order dated 11.10.2017 passed in Cr. Misc. No. 46856 of 2017 in connection with Hajipur Town P.S. Case No. 246 of 2017 and there was allegation of recovery of 13.5 kg and 7.5 kg of ganja from the possession of the petitioners respectively. Submission of learned counsel for the petitioner is that the recovery is less than the commercial quantity and they have been in judicial custody since 15.04.2017 and though there was direction to conclude the trial within a period of seven months but the same has not been concluded uptil now. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of the period of custody, 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

Patna High Court Cr.Misc. No.53430 of 2018 (2) dt.05-09-2018 2/2 each to the satisfaction of learned 1st Additional Sessions Judge - cum-Special Judge, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 246 of 2017, subject to the 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 any genuine reasons, the prosecution is free to move for cancellation of his bail.

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