Patna High CourtCR. MISC./647/2020allowed

Pintu Kamti v. The State Of Bihar

2020-01-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.647 of 2020 Arising Out of PS. Case No.-44 Year-2019 Thana- SIKTA District- West Champaran ====================================================== PINTU KAMTI Son of Vindeshwar Kamti Resident of Village - Raghunandanpur, P.S.- Baheri, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita, Advocate For the Opposite Party/s :

Mr.Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with N.D.P.S. Case No. 21 of 2019 arising out of Sikta P.S. Case No. 44 of 2019 for the offenses under Sections 20,22,23,24,37(a) of the NDPS Act.

It is alleged that the petitioner was arrested with 850 grams of substance which is alleged to be Charas. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. The petitioner is in custody since 13.06.2019. The mandatory provisions of Section 100 Cr.P.C. was not followed.

Considering the fact that the petitioner has no criminal antecedent, he has remained in custody for more than

Patna High Court CR. MISC. No.647 of 2020(2) dt.29-01-2020 2/2 six months and he is aged about 29 years, the court is inclined to grant bail to the petitioner subject to deposit of Rs. 1,00,000/- cash in the court below.

Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 1,00,000/-(One lac) with two sureties of the like amount each to the satisfaction of the District & Sessions Judge, West Champaran, in connection with N.D.P.S. Case No. 21 of 2019 arising out of Sikta P.S. Case No. 44 of 2019, subject to production of receipt showing deposit of Rs. 1,00,000/-. The deposit of Rs. 1,00,000/- shall abide by the final outcome of the trial.

It is made clear that the petitioner has to assist the court below in expeditious disposal of the pending criminal case and in the event he fails to appear in the court below on two consecutive dates without any cogent reason, the court below shall be at liberty to cancel his bail bonds. (Anil Kumar Upadhyay, J) spandey/- U T