Patna High CourtCR. MISC./25048/2018bail granted

Shivendra Kumar @ Sikander Kumar v. The State Of Bihar

2018-05-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25048 of 2018 Arising Out of PS.Case No. -885 Year- 2017 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Shivendra Kumar @ Sikander Kumar S/o Dharmendra Bhagat @ Dharmendra Kumar R/o Vill.- Minapur , P.S.- Minapur, Distt.- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saroj Kumar For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-05-2018 Heard the parties.

The petitioner seeks regular bail in connection with Town P.S. Case No. 885 of 2017 for the offences punishable under Section(s) 401, 414, 420, 201/34 of the Indian Penal Code and 20 (b) of N.D.P.S Act.

The allegation is regarding recovery of 1 k.g. ganja and a stolen motorcycle upon the accused person being apprehended by the police.

The learned counsel for the petitioner submits that the petitioner had merely taken lift from the co-accused person and has been falsely implicated in the present case. In any view of the mater, it is submitted that the quantity of Ganza recovered is not a

Patna High Court Cr.Misc. No.25048 of 2018 (3) dt.28-05-2018 2/2 commercial quantity according to the appendix annexed to the NDPS Act, hence, no prejudice would be caused to the prosecution, if he is granted bail. It is further submitted that till the lodging of the present case, the petitioner was having a clean antecedent and is languishing in custody since 27.11.2017. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge-cum-Special Judge, Muzaffarpur, in connection with Town P.S. Case No. 885 of 2017.

(Mohit Kumar Shah, J) Sanjeev/- U T