Roop Ranjan Kumar @ Chandan Kumar @ Roopranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42727 of 2018 ======================================================

1. Roop Ranjan Kumar @ Chandan Kumar @ Roopranjan, Son of Nandkishore Prasad, resident of VillageBasantpur, P.S.- Kundwachainpur, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 07.03.2018 in connection with N.D.P.S. Case No. 14 of 2018 arising out of Kundwachainpur P.S. Case NO. 27 of 2018 corresponding to G.R. No. 248 of 2018 for the offence registered under Sections 20, 22 23 and 24 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that though it has been alleged that the quantity of ganja was recovered from the conscious possession, i.e. black colour plastic bag being carried by the petitioner, actually the same was recovered from the road side and the petitioner was apprehended on suspicion. It is further submitted that the petitioner has got no criminal antecedent

and taking into consideration the fact that the alleged recoveries were only of 3,800 Kg. of ganja, which is much below the commercial quantity, the petitioner may be extended the privilege of bail. It is further submitted that in future petitioner shall cooperate in all investigation and shall be available as and when required.

Considering the aforesaid facts and circumstances of the case and that the alleged quantity of recovery is much below the commercial quantity and that the petitioner has no such criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge/Special Judge, Motihar, East Champaran in connection with N.D.P.S. Case NO. 14 of 2018arising out of Kundwachainpur P.S. Case NO. 27 of 2018 corresponding to G.R. No. 248 of 2018, subject to the following conditions :-

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date

during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T