Patna High CourtCR. MISC./17137/2021bail granted

Mahendra Mukhiya v. The State Of Bihar

2021-07-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17137 of 2021 Arising Out of PS. Case No.-163 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== MAHENDRA MUKHIYA Son of Rambalak Mikhiya Resident of VillageMaheshpur, P.S.- Gopalpur, District- Bettiah. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Yadopur P.S. Case No. 163 of 2020 corresponding to Sessions Trial No. 20 of 2020, registered for the offence punishable under Sections 8, 20, 29 of the NDPS Act.

As per the prosecution case, 4 Kg of Charas has been recovered from the bush situated behind the house of coaccused Kailash Mukhiya and petitioner is alleged to be present at the place of occurrence.

It is submitted on behalf of the petitioner that nothing has been recovered either from possession or from the premise of this petitioner. Petitioner is only alleged to be present at the

Patna High Court CR. MISC. No.17137 of 2021(2) dt.06-07-2021 2/2 place of occurrence and he being neighbour of co-accused Kailash Mukhiya has been made accused in this case. Petitioner claims clean antecedent and he is in custody since 16.10.2020. Considering the fact that nothing incriminating has been recovered from the possession of this petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Gopalganj in connection with Yadopur P.S. Case No. 163 of 2020 corresponding to Sessions Trial No.

20 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) 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.