Pankaj Kumar Patel @ Pankaj Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 78578 of 2019 Arising Out of PS. Case No.-414 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== PANKAJ KUMAR PATEL @ PANKAJ PATEL S/o Mahendra Singh Resident of Village- Bhabua Ward No.-18, P.O. and P.S.- Bhabua, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Pradhan Murli Manohar Pd, Raju Kr & Pramod Kr Singh, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bhabua Police Station (for brevity, PS) Case No 414 of 2019 instituted for the offence punishable under Section (s) 8/20(B)(ii)(a) of Narcotic Drugs and Psychotropic Substances Act (for brevity, NDPS Act). Petitioner has been arrested on alleged recovery of 3 grams of Ganja from his possession near the gate of the Public Jail. It is submitted that the petitioner has been falsely implicated in this case. The prosecution story is belied by the seizure list itself which alleges recovery of only 2 grams. Petitioner is accused in another case in which he is already on

Patna High Court CR. MISC. No.78578 of 2019(3) dt.13-01-2020 2/2 bail. He is in custody in connection with this case since 18.07.2019.

Learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Kaimur, Bhabua in connection with NDPS Case No 12 of 2019 arising out of Bhabua PS Case No 414 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T