IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13674 of 2021

Arising Out of PS. Case No.-56 Year-2020 Thana- VAISHALI District- Vaishali

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Jitendra Kumar, S/o Suresh Singh, R/o Village-Dumduma Hasanpur, P.S.-

Vaishali, Distt.- Vaishali

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Anil Kumar, Advocate

For the Opposite Party/s :

Mr.Nagendra Prasad, APP

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL ORDER

2

11-08-2021

The matter has been taken up today for

consideration through video conferencing.

The learned counsels are appearing and making

submissions from their residence. The Court Master and

Secretary are also part of this virtual Court proceedings from

their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner and the

learned APP for the State.

The petitioner seeks bail in connection with

Vaishali P.S. Case No.56 of 2020 registered for the offence

punishable under Sections 8, 20(B)(ii)(a), 25 of the NDPS Act

and Sections 25(1-b)a/26 and 35 of the Arms Act.

Three persons on a motorcycle tried to escape on

seeing the police, but one was apprehended who disclosed his

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name as Sonu Kumar and the two succeeded in fleeing away.

From the possession of the said apprehended person arms and

300 grams Charas have been recovered. He has named other

two persons as being Arjun Kumar and the instant petitioner.

Learned counsel for the petitioner submits that

even as per the prosecution case, there is no recovery of any

contraband substance or any incriminating material from the

petitioner. He was not arrested at the time of recovery also. His

implication is based on antecedents in two cases, as per

disclosure made in paragraph 3 of the bail petition and he has

been remanded in this case on 30.05.2020 after his arrest in

Sayaiya P.S. Case No.276 of 2020. Petitioner’s counsel submits

that it is a case of false implication based on statement of co-

accused, having no evidentiary value.

Learned APP for the State has opposed the prayer

for bail.

Considering the rival submissions, this Court is

inclined to allow the petitioner’s prayer for bail.

Accordingly, 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 the learned Sessions Judge, Special Judge,

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NDPS, Vaishali at Hajipur, in connection with Vaishali P.S. Case

No.56 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close

relative of the petitioner who will give an

affidavit giving genealogy as to how he is

related with the petitioner. The bailor will also

undertake to inform the court if there is any

change in the address of the petitioner.

(ii) That the petitioner will be well

represented on each date and if he fails to do

so on two consecutive dates, his bail bond will

be liable to be cancelled.

This Court would expect that the petitioner’s counsel

would honour his undertaking in the instant proceedings

regarding supply of the requisite court fee etc. within two weeks

from the date he is called upon to do so by the office.

PNM

(Madhuresh Prasad, J)

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