Akhilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16043 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- GALGALIYA District- Kishanganj ====================================================== AKHILESH KUMAR YADAV Son of Manjhi Lal Rai @ Maji Rai Resident of Village - Kadma, P.S.- Rajepur, Distt.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Galgalia P.S. Case No. 34 of 2018 corresponding to Special Case No. 9/18 registered for the offence punishable under Sections 8/20 (b)(ii)(c) of N.D.P.S. Act.

Allegation is recovery of 8.425 gram of Ganja from the bag of the petitioner while they were sitting as passenger on a bus.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. Nothing was recovered from the possession of petitioner. Petitioner has no criminal

Patna High Court CR. MISC. No.16043 of 2019(2) dt.01-04-2019 2/3 antecedent and he is in custody since 08.05.2018. 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 Additional District and Sessions Judge 1st cum Special Judge (NDPS Act), Kishanganj, in connection with Galgalia P.S. Case No. 34 of 2018 corresponding to Special Case No. 9/18 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

Patna High Court CR. MISC. No.16043 of 2019(2) dt.01-04-2019 3/3 release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T