Munna Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24610 of 2014 Arising Out of PS.Case No. -51 Year- 2013 Thana -BHAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Munna Mian Son of Islam Dewan resident of Sabji Mandi Bazar Ward No.-15, Narkatiyaganj, P.S.- Shikarpur, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. I.K.Srivastav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 09-01-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 20, 22, 23, 24, 27(A) and 29 of the N.D.P.S. Act.

Considering the quantity of ganja which was recovered from the possession of the Petitioner and his name transpired on the basis of the confessional statement of the co-accused and now his brother Barun Dwan undertakes his responsibility, 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 to be fixed by the court concerned to the satisfaction of learned 1st Additional Sessions Judge, Bettiah, West Champaran in connection with Trial No.12 of 2014

Patna High Court Cr.Misc. No.24610 of 2014 (3) dt.09-01-2015 2/3 arising out of Bhangaha P.S. Case No.51 of 2013, subject to the conditions (i) That one of the bailor shall be Harun Dewan, brother of the Petitioner and the other bailor 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 undertake to furnish information to the Court about any change in 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

Patna High Court Cr.Misc. No.24610 of 2014 (3) dt.09-01-2015 3/3 months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.

(Anjana Prakash, J) Narendra/- U T