Patna High CourtCR. MISC./63097/2018bail granted

Kishore Prasad v. The State Of Bihar

2018-10-31Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.63097 of 2018 (3) dt.31-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63097 of 2018 Arising Out of PS.Case No. -173 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================

1. Kishore Prasad S/o Kameshwar Prasad @ Kameshwar Gupta resident of Village- Uchkunda, P.S. Daudnagar, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 11.01.2018 passed in Cr. Misc. No. 61437 of 2017 in connection with Haspura P.S. Case No. 173 of 2017 and there is allegation of recovery of 15 kg ganja from the possession of the petitioner and other co-accused. Submission of learned counsel for the petitioner that the recovery is less than the commercial quantity and he has been in judicial custody since 11.09.2017 and there is no likelihood of conclusion of trial in near future as uptil now only one witness has been examined.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.63097 of 2018 (3) dt.31-10-2018 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge (NDPS), Act Aurangabad, in connection with Haspura P.S. Case No. 173 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