Ram Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31441 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -ANDHRAMATH District- MADHUBANI ======================================================

1. Ram Naresh Yadav S/o Late Fuleshwar Yadav Resident of Village Narendrapur, P.S. Andhra Math, District Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hriday Narayan Harshit For the Opposite Party/s : Mr. A.K.Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Andhramath P.S. Case No. 16 of 2015 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 27, 28, 28(A) of the Drug and Cosmetic Act, 1940. Allegedly the petitioner was caught with Corex Cough Syrup in huge quantity without having any license. Submission is of false implication and that nothing has been recovered from possession of the petitioner and when he was returning to his house from Andhramath, his signature was forcibly taken on some paper and the same has been prepared as alleged seizure list. The petitioner has no concern with those

Patna High Court Cr.Misc. No.31441 of 2015 (4) dt.04-11-2015 2/2 seized drugs and suffering in custody since 16.04.2015 without any tangible evidence. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering the chargesheet has already been submitted and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M. Jhanjharpur, Distt. Madhubani arising out of Andhramath P.S. Case No. 16 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) U sushma/-