Sunil Kumar vs The State Of Bihar
2021 Latest Caselaw 604 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 5961 of 2021
    Arising Out of PS. Case No.-114 Year-2019 Thana- MADHAURAH District- Saran
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Sunil Kumar, aged about 27 years, (Male) Son of Kailash Kumar, Resident of Village - Badhangarh, PS- Mandela, District- Jhunjhunu, Rajasthan.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Kundan Kumar Ojha, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Kundan Kumar Ojha, learned counsel for

the petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner is in custody in connection with

Marhowrah PS Case No. 114 of 2019 dated 07.03.2019, instituted

under Sections 8(20)(ii)(c)/29 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 and 120B of the Indian Penal

Code.

Patna High Court CR. MISC. No.5961 of 2021 dt.03-02-2021

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 12.12.2019 in Cr.

Misc. No. 82285 of 2019.

5. The allegation against the petitioner is that he was

also on the truck from which 201.03 Kgs. of ganja was recovered.

6. Learned counsel for the petitioner submitted that he

was just standing near the truck which was caught from parking

place and has no connection with the same. It was further

submitted that he belongs to Rajasthan and is in custody since

07.03.2019. Learned counsel submitted that co-accused Arman

Ali, who was the liner has been granted bail on 17.08.2019 by a

co-ordinate Bench in Cr. Misc. No. 30873 of 2019.

7. Learned APP submitted that the petitioner cannot

plead innocence as he is from Rajasthan and the truck was also

from Rajasthan and as he was present at the spot at Chapra, it is

clear that he was involved.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned 1 st Additional

Sessions Judge-cum-Special Judge (NDPS) Act, Saran, Bihar in Patna High Court CR. MISC. No.5961 of 2021 dt.03-02-2021

Marhowrah PS Case No. 114 of 2019 subject to the conditions (i)

that one of the bailors shall be a close relative of the petitioner, (ii)

that the petitioner and the bailors shall execute bond with regard

to good behaviour of the petitioner, and (iii) that the petitioner

shall also give an undertaking to the Court that he shall not

indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of his bail

bonds. The petitioner shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of his bail bonds.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T