Partly allowed

Arvind Mahto @ Arvind Kumar v. The State Of Bihar

Patna HC19 Feb 2019CR. MISC./79318/2018

Case brief

AI extract

What is this about?

The petitioner sought bail in a Narcotic Drugs case where 12 Kgs. of Ganja were recovered from his possession. The court refused bail at this stage due to the grave nature of allegations but allowed renewal after one year of custody upon furnishing a bond.

What did the court decide?

Prayer for bail rejected at this stage; liberty granted to renew bail after one year of custody by furnishing bond of Rs. 10,000 with two sureties.

Arvind Mahto @ Arvind Kumar Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.79318 of 2018

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Arising Out of PS. Case No.-96 Year-2018 Thana- VAISALI GRP CASE District- Vaishali

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======================================================

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Arvind Mahto @ Arvind Kumar, Son of Bimal Mahto, Resident of VillageChandpura, P.S.- Raghopur, District - Vaishali

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Singh, Adv. Ms.S udha Chandra Ms. Tulika Singh, Adv For the Opposite Party/s : Mr.Sri Brajendra Nath Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

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3 19-02-2019

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Heard learned counsel for petitioner and learned

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counsel for the State.

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Petitioner, who is in custody, seeks bail in connection with Sonepur (Hajipur) Rail P.S. Case No. 96 of 2018 registered for the offences punishable under Sections 8/20(B)(II)(C), 22, 29 of the N.D.P.S. Act.

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Informant who is a police officer has stated in his written complaint that on receiving secret information that three miscreants are waiting to take a train with contraband substance and thereafter he reached the platform and found three persons sitting near the over bridge and from possession of petitioner 12 Kgs. of Ganja was recovered which was kept in a bag.

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Patna High Court Cr.Misc. No.79318 of 2018(3) dt.19-02-2019 2/3

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It has been submitted on behalf of the petitioner that he has been falsely implicated in this case and he is having no criminal antecedent. Petitioner is in custody since 04.08.2018.

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Considering the nature of allegation and recovery of 12 Kgs. Of Ganja, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage.

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However, petitioner may renew his prayer for bail in court below after completion of one year in judicial custody and shall be released on bail after one year of custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Incharge Sessions Judge, Vaishali at Hajipur, in connection with Sonepur (Hajipur) Rail P.S. Case No. 96 of 2018, with conditions:

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(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(4) If the petitioner is found involved in similar nature of offences, after his release on bail the

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Patna High Court Cr.Misc. No.79318 of 2018(3) dt.19-02-2019 3/3

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trial court shall take steps to cancel his bail bonds.

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With the aforesaid liberty this criminal miscellaneous

stands disposed of.

(S. Kumar, J)

Rajiv/-

U T

Arvind Mahto @ Arvind Kumar v. The State Of Bihar

Case brief

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Arvind Mahto @ Arvind Kumar v. The State Of Bihar

Case brief

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