Kamlesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77888 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- SONPUR RAIL P.S. District- Saran ====================================================== KAMLESH MAHTO S/o- Sudarshan Mahto Resident of Village- Katalpura, P.S.- Akilpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2020 Heard learned counsel for the parties.

Earlier the bail of the petitioner was rejected vide order dated 13.02.2019 in Criminal Miscellaneous No. 5951 of 2019 with liberty to renew his prayer for bail after completing one year of Jail custody.

Petitioner seeks bail in a case registered for the offence punishable under Sections 8, 20, 22 of the NDPS Act in which 20.200 Kg of Ganja was recovered from the possession of 3 accused.

It has been submitted on behalf of the petitioner that petitioner is in custody since 28.10.2018 and he has completed one year of Jail custody. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.77888 of 2019(2) dt.05-02-2020 2/2 the case and considering the period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with NDPS Case No. 28 of 2018 arising out of Sonepur Rail P.S. Case No. 165 of 2018, with following 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 properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U