Narendra Kumar @ Narender@Nerender v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82865 of 2023 Arising Out of PS. Case No.-667 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== NARENDRA KUMAR @ NARENDER@NERENDER S/O BALJEET SINGH @ BALJEET R/O VILLAGE- BASAUDI, P.S.- RAI SONIPAT, DISTRICT- SONIPAT (HARYANA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dheeraj Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-09-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 18, 20 and 22 of the NDPS Act, registered in connection with Barachatti P.S.Case No. 667 of 2023.

3. As per allegation, in course of checking, the petitioner started running away, abandoning his truck loaded with ganja like substance.

4. While arguing the bail petition, it was submitted by the learned counsel for the petitioner that the petitioner is suffering form Human Immunodeficiency Virus (HIV.) Vide order dated 29.07.2024, the Civil Surgeon, Gaya,

Patna High Court CR. MISC. No.82865 of 2023(8) dt.10-09-2024 2/2 was directed to constitute a Medical Board to examine the petitioner. The report of the Medical Boad is available with the record which shows that the petitioner was tested HIV positive and it has been mentioned in the report that it is a confirmed case of HIV infection. The petitioner was already on antiretroviral treatment from Antiretroviral Therapy Centre, Sonipat (Haryana) and currently is undergoing treatment from ART Centre, ANMMCH,Gaya.

5. Considering the above facts and circumstances and also keeping in view the clean antecedents, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya in connection with Barachatti P.S.Case No. 667 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) HR/- U T