Shivji Kumar @ Shivji Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24731 of 2021 Arising Out of PS. Case No.-273 Year-2020 Thana- KHAJEKALA District- Patna ====================================================== Shivji Kumar @ Shivji Yadav S/O Vijay Yadav R/o village- RanipurRasulpur, P.S.- Mehdiganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Pd. Tiwary A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Special Case No. 135 of 2020, arising out of Khajekalan P.S. Case No. 273 of 2020, registered for the offence under Sections 20/22 of the N.D.P.S. Act.

On a secret information, a raid was conducted and 8 kg. & 800 gm. of Ganja has been recovered from the house of co-accused Rohit Kumar and this petitioner is alleged to be associate of the co-accused Rohit Kumar.

It is submitted on behalf of petitioner that nothing has been recovered either from the conscious possession or from the house of the petitioner. Petitioner is maternal uncle of coaccused Rohit Kumar and on the alleged date and time of

Patna High Court CR. MISC. No.24731 of 2021(2) dt.20-07-2021 2/3 occurrence, petitioner had gone to the house of co-accused Rohit Kumar to meet his sister. Petitioner has got clean antecedent and he is in custody since 07.09.2020. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the materials available on record as well as the fact that no narcotic substance has been recovered from the possession of the petitioner and petitioner has got clean antecedent, the bail petition of petitioner is allowed.

Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - XXIV, Patna in connection with Special Case No. 135 of 2020, arising out of Khajekalan P.S. Case No. 273 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.24731 of 2021(2) dt.20-07-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) anay/- U T