Basisth Rai @ Kalia @ Bashisth Rai @ Kaliya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4869 of 2019 Arising Out of PS. Case No.-371 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Basisth Rai @ Kalia @ Bashisth Rai @ Kaliya (Male), aged about 55 years, son of Durga Rai @ Durga Ray, resident of Village - Naya Tola Raghopur, P.S. Bakhtiyarpur, Distt.-Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Gajendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Special Case No.75 of 2018 arising out of Bakhtiyarpur P.S. Case No. 371 of 2018 registered for the offence punishable under Sections 20 and 22 of the Narcotics Drugs Psychotropic Substance Act.

Allegation against the petitioner is recovery of 8 kg. 100 grams Ganja from the house of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has further been submitted that petitioner has no concern with the seized ganja as the same was found in front of the house of the petitioner and not from the house of the petitioner. Petitioner has got no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.4869 of 2019(4) dt.26-02-2019 2/2 20.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge (NDPS), Patna in connection with Special Case No.75 of 2018 arising out of Bakhtiyarpur P.S. Case No. 371 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T