Amit Kumar @ Amit Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85894 of 2019 Arising Out of PS. Case No.-431 Year-2016 Thana- KAHALGAON District- Bhagalpur ====================================================== Amit Kumar @ Amit Kumar Ram Son of Chhatu Ram @ Chhabinath Ram, Resident of Mohalla - Wadiatola, P.S.- Kahalgaon, District- Bhagalpur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Kahalgaon P.S. Case No. 431 of 2016 (G.R. Case No. 4111 of 2016) registered for the offences punishable under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the alleged Ganja in question has not been recovered from the conscious possession of the petitioner as also similarly situated co-accused have been granted regular bail by the learned Co-ordinate Bench of this Court. The petitioner is in custody since 05.12.2016.

Patna High Court CR. MISC. No.85894 of 2019(2) dt.18-01-2020 2/3 Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel of the petitioner and the same has not been controverted by learned A.P.P. for the State that altogether 1⁄2 Kg. of Ganja is said to have been recovered in which three persons were named as accused and out of three two have been granted regular bail by the learned Co-ordinate Benches of this Court vide Cr. Misc. No. 35541 of 2017 and Cr. Misc. 5172 of 2017 and further submission that the petitioner is in custody in connection with this case since 05.12.2016, let the petitioner above named be released on bail in connection with Kahalgaon P.S. Case No. 431 of 2016 (G.R. Case No. 4111 of 2016) on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Ist, Bhagalpur, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of

Patna High Court CR. MISC. No.85894 of 2019(2) dt.18-01-2020 3/3 the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/ved U T