This is an oral order granting interim bail to the petitioner, who was in judicial custody, in a narcotic case involving gain below commercial quantity, permitting him to furnish a bond of Rs. 25,000.
Petitioner released on bail by furnishing bond of Rs. 25,000 with two sureties of same amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28758 of 2018
Arising Out of PS.Case No. -288 Year- 2016 Thana -BEUR District- PATNA
====================================================== 1. Arbind Kumar, S/o Nagdev Rai, Resident of Village- Meerampur, P.S.Raghopur, District- Vaishali, A/P- Purandarpur, C/o Shivjee Rai, P.S.Jakkanpur, District- Patna.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Md. Nazir Ansari
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 09-05-2018
Earlier prayer for bail of the petitioner was dismissed thrice vide order dated 14.02.2017 passed in Cr. Misc. No. 4308 of 2017, vide order dated 12.04.2017 passed in Cr. Misc. No. 17741 of 2017 and vide order dated 20.12.2017 passed in Cr. Misc. No. 47529 of 2017.
Submission of learned counsel for the petitioner that the recovery in this case is of 4 k.g. of ganja, which is below the commercial quantity and in the meantime other co-accused having similar allegation has already been granted the privilege of bail vide order dated 02.05.2018 passed in Cr. Misc. No. 27107 of 2018 and further there is no substantive progress in trial and petitioenr has been in judicial custody since 22.11.2016
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts as well as in view of the order dated 13.09.2017 passed in Cr. Misc.
Patna High Court Cr.Misc. No.28758 of 2018 (2) dt.09-05-2018
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No. 42374 of 2017, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge –III, Patna, in connection with Special Case No. 91/2016 (arising out of Beur P.S. Case No. 288/2016), subject to the following conditions:-
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence. (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J)
sunil/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving recovery of ganja below commercial quantity where other co-accused have already been granted bail.
Arbind Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
