Anand Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20282 of 2016 Arising Out of PS.Case No. -543 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Anand Kumar Yadav, son of Late Shekhar Yadav, resident of VillageRautara, P.S.-Rautara, District-Katihar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner and Mr. J.N. Thakur, learned counsel for the State. The petitioner is languishing in custody since 16.09.2015 in a case registered for the offences punishable under Sections 20/22/23/24/27(A), 29 of the N.D.P.S. Act. From the possession of the petitioner 400 Gms of Charas like material was recovered.
It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled as the informant who made the seizure has recorded that Charas like material has been recovered. Moreover the quantity of the seized contraband has been recorded on the speculative basis and even assuming the recovery, it is between small and commercial quantity. Moreover the investigation has already been concluded.
A statement has been made in para 3 of the
Patna High Court Cr.Misc. No.20282 of 2016 (2) dt.06-05-2016 2/2 petition that petitioner is accused in one other case registered under Section 379 I.P.C though subsequent to the registration of the present case.
Considering the fact that recovery of contraband is between small and commercial quantity and the investigation being concluded, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, West Champaran, Bettiah in connection with Bettiah Muffasil P.S. Case No. 543 of 2015, Trial No. 24 of 2015.
Learned Court below will be at liberty to cancel the bail bonds of the petitioner, if the petitioner gets substantially involved in similar nature of offence or defaults for three consecutive occasions during trial. (Dinesh Kumar Singh, J) Shageer/- U T