Patna High CourtCR. MISC./5801/2019bail granted

Banarsi Mahto v. The State Of Bihar

2019-02-11Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5801 of 2019 Arising Out of PS. Case No.-188 Year-2017 Thana- KHODAWANDPUR District- Begusarai ====================================================== Banarsi Mahto Son of Late Jhingur Mahto Resident of Village / Mohalla - Fabaut, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with N.D.P.S. Case No. 19 of 2017 arising out of Khodawanpur P.S. Case No. 188 of 2017 registered for the offence punishable under Sections 20/22 of the N.D.P.S. Act. Allegation is recovery of 9 Kg Ganja from the possession of petitioner.

It has been submitted on behalf of the petitioner that earlier also he had moved this Court for grant of regular bail which was rejected vide order dated 09.04.2018 with a liberty to renew his prayer after completion of one year of custody in jail. Petitioner has no criminal antecedent and he is in custody since 25.11.2017.

Patna High Court Cr.Misc. No.5801 of 2019(2) dt.11-02-2019 2/2 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Begusarai, in connection with N.D.P.S. Case No. 19 of 2017 arising out of Khodawanpur P.S. Case No. 188 of 2017 subject to the conditions that:-

(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 represented on each and every date fixed by the court.

(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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U