Bhim Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6577 of 2017 Arising Out of PS.Case No. -216 Year- 2016 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhim Patel, Son of Late Bhoba Patel, Resident of Mohalla - Bhawanipur Zirat, P.O. Motihari Town, P.S. Chhatauni, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pravin Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.09.016 in connection with NDPS Case No. 56 of 2016 arising out of Chhatauni P.S. Case No. 216 of 2016 (G.R. No. 4519 of 2016) for the alleged offences under Sections 399, 402, 120(B)/34 of the Indian Penal Code and Sections 20(B), 22 of the NDPS Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion as the petitioner is only a tea seller. According to the seizure list recovery has been made from other coaccused persons and nothing has been found from the possession of the petitioner. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.6577 of 2017 (2) dt.22-02-2017 circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge/Special Judge, Motihari, East Chamapran in connection with NDPS Case No. 56 of 2016 arising out of Chhatauni P.S. Case No. 216 of 2016 (G.R. No. 4519 of 2016) on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. Chandran/BT (Vikash Jain, J) U T