Hari Om Sharaff v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22842 of 2014 Arising out of PS. Case No. -156 Year- 2012 Thana - CHOUTARWA District- WESTCHAMPARAN(BETTIAH) =================================================== Hari Om Sharaff son of Kishori Lal Prasad resident of villageBhelahi Bazar, Police Station - Palanwa (O.P. Bhelahi), District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Manoj Kr. 1 (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04.

06.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 20, 22 and 23 of the N.D.P.S. Act.

Considering that the motor-cycle on which the co-accused were seated at one time belongs to the Petitioner but now he longer claims owner-ship of the same, 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 each or any other surety as fixed by the Court to the satisfaction of Sessions Judge, West Champaran at Bettiah in connection with Choutarwa P.S. Case No. 156 of 2012 (N.D.P.S. Case No. 72 of 2012) subject to the following conditions:- (i) That

Patna High Court Cr.Misc. No.22842 of 2014 (4) dt.06-01-2015 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 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 the 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 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