Hari Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3218 of 2017 Arising Out of PS.Case No. -91 Year- 2016 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Hari Kishore Yadav, Son of Punit Rai, Resident of village - Bela Jitpur, P.S. Jitana, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 09-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chhauradano P.S. Case No.91 of 2016 registered under Sections 18, 20 and 22 of the N.D.P.S. Act.

The accusation is that in course of checking of the vehicles, one motorcycle, which was being driven by the petitioner, was stopped and one person, who was sitting behind the petitioner on the rear seat, was found having a bag, containing five kilograms Ganja, in his hand.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner was going to the market on his

Patna High Court Cr.Misc. No.3218 of 2017 (2) dt.09-02-2017 2/2 motorcycle and the co-accused, who is co-villager of the informant, asked the petitioner to give lift to go to the market and, thereafter, the co-accused also sat on the motorcycle of the petitioner. In fact, the petitioner had no knowledge about keeping the Ganja by the co-accused in a bag. Further submission is that the petitioner having no criminal antecedent is in custody since 15.08.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, N.D.P.S.

Act-cum-Sessions Judge, East Champaran, Motihari, in connection with Chhauradano P.S. Case No.91 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T