Patna High CourtCR. MISC./9509/2024bail granted

Rohit Kumar v. The State Of Bihar

2024-02-20Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9509 of 2024 Arising Out of PS. Case No.-693 Year-2023 Thana- MANER District- Patna ====================================================== Rohit Kumar, son of Amaresh Kumar Singh Mohalla- Rajputana Yarpur PsGardanibagh Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Atul Pandey, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Maner P.S. Case No. 693 of 2023, lodged on 22.09.2023 under Sections 8(C)/20(B) of the N.D.P.S. Act.

3. As per the prosecution case, FIR has been lodged against five named accused persons including the present petitioner. Total 19.5 grams of smack was recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that though total 19.5 grams of smack was recovered but, from the petitioner's possession only 3.04 grams (on proportionate basis) of smack has been recovered which is

Patna High Court CR. MISC. No.9509 of 2024(2) dt.20-02-2024 2/3 less than the small quantity as small quantity is 5 grams. Counsel further submits that the antecedent of the petitioner is not clean and there is only one criminal case pending against him in which he is on bail. The petitioner is in custody since 23.09.2023 in the present case.

5. Learned counsel for the petitioner submits that the other co-accused persons have been granted bail by the coordinate bench of this Court vide orders dated 12.01.2024 and 31.01.2024 passed in Cr. Misc. Nos. 89 of 2024 and 3154 of 2024 respectively.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Patna in connection with Maner P.S. Case No. 693 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his

Patna High Court CR. MISC. No.9509 of 2024(2) dt.20-02-2024 3/3 bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T