Vikash Kumar vs State Of Bihar

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Buxar Town P S Case No. 693 of 2019 dated 26.09.2019 instituted under Sections 21, 22 and 27 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

The allegation against the petitioner and other accused is of dealing in drugs and there is recovery of three sachets containing heroin, besides five cigarettes and a mobile phone.

Learned counsel for the petitioner that from the petitioner three sachets are said to have been recovered but the substance has not been verified to be narcotic drugs and further that the petitioner is in custody since 27.09.2019, having no criminal antecedent.

Learned APP submitted that packets of drugs is for selling to the public and, thus, the petitioner dealing in such drugs, deserves to be behind bars.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned District Judge-cum- Special Court, NDPS Act, Buxar in Buxar Town P.S. Case No. 693 of 2019.

One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. 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 appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off.