IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28906 of 2011
Pankaj Kumar son of Akhilesh Kumar Singh
Versus
1. The State Of Bihar
2. The Union of India
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4. 12.10.2011 Heard learned Counsel for the petitioner and the
Union of India.
The petitioner seeks bail in a case instituted for the
offence under Section 414 of the Indian Penal Code and
Sections 17 and 25 of the Narcotic Drugs and Psychotropic
Substances Act.
The prosecution case is that on a tip off the police
intercepted a sumo vehicle and two motorcycles in a
suspicious condition. From the sumo vehicle 5kgs of alleged
brown sugar was recovered. It is not specified in the First
Information Report as to who was the occupant of the sumo
vehicle nor as to which of the accused persons was sitting on
the motorcycle. During investigation the petitioner raised a
plea that he was going to Patna to buy medicines of his grand
father, which fact was supported even by the truck driver, who
had given lift up to some distance.
Considering the aforesaid fact as also that no
material was recovered from the conscious possession of the
petitioner, who has fair antecedents, let the petitioner above
named, be released on bail on furnishing bail bond of Rs.
5,000/-(Five thousand) with two sureties of the like amount
-2-
each or any other surety to be fixed by the court concerned to
the satisfaction of learned Additional Sessions Judge 3rd,
Jehanabad in connection with Makhdumpur P.S. Case No.
163 of 2011, subject to the conditions (i) That one of the bailor
shall be the father of the petitioner and the other bailor shall
be local since the petitioner belongs to Gaya district. The
bailors will undertake to furnish information to the Court about
any change in address of the petitioner. (ii) That the affidavit
shall clearly state that the petitioner is not an accused in any
other case and if he is he shall not be released on bail, (iii)
That the bailor shall also state on affidavit that he will inform
the court concerned if the petitioner is implicated in any other
case of similar nature after his release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of misuse, (iv)
That the petitioner will give an undertaking that he will receive
the police papers on the given date and be present on date
fixed for charge and if he fails to do so on two given dates and
delays the trial in any manner, his bail will be liable to be
cancelled for reasons of misuse, (v) That the petitioner will be
well represented on each date if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
Narendra/ ( Anjana Prakash, J. )