Mathura @ Abu Tahir And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22835 of 2014 Arising out of P.S. Case No. -30 Year- 2014 Thana - KISHANGANJ District- KISANGANJ ===================================================

1. MATHURA @ ABU TAHIR son of Late Hazi Rustam Resident of village- Solia P.S.- Gawalpokhar, District- Uttar Dinajpur (W.B.).

2. Mainul son of Madlish Resident of village- Bochabari P.S.- Gawalpokhar, District- Uttar Dinajpur (W.B.). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Singh, Adv. For the Opposite Party/s : Mr. Gajendra Pd.Yadav (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04.

06.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner No. 1 seeks bail in a case instituted for the offences under Sections 20 & 22 of NDPS Act.

Considering the amount of ganja recovered from the possession of the Petitioner No. 1, let him be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sessions Judge-cum-Special Judge, Purnea in connection with Special Case No. 2 of 2014 arising out of Kishanganj P.S. Case No. 30 of 2014 subject to the following conditions:- (i) That one of the bailors will be a

Patna High Court Cr.Misc. No.22835 of 2014 (4) dt.06-01-2015 close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the brother/sister/mother of 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 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 the ground of misuse.

(iii) 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. (iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

Vikash/- (Anjana Prakash, J.) U T