Pannalal Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17957 of 2016 Arising Out of PS.Case No. -129 Year- 2015 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Pannalal Yadav son of Asarfi Yadav Resident of village - Maniyara.

2. Rangila Yadav son of Mahanth Yadav Resident of village - Shital Bardahan, Both are of Police Station - Kuchaikote, District - Gopalganj. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-06-2016 Learned counsel for the petitioners is permitted to make necessary correction in paragraph 1 of the application. Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under sections 8, 20 and 22 of the N.D.P.S.Act.

Prosecution case is that from the hutment of co-accused Daroga Yadav 36 Kgs. of Ganja was recovered. Seeing the police van, the petitioners and others were fleeing away from the house of Daroga Yadav.

It is submitted by the learned counsel for the petitioners that as per prosecution case no recovery was made from the possession of the petitioner and to this effect statement has been

Patna High Court Cr.Misc. No.17957 of 2016 (3) dt.20-06-2016 made in paragraph no.6 of the petition. It is also submitted that the petitioners have no criminal antecedent.

Learned counsel for the State also submits that recovery has been made from the hutment of Daroga Yadav. Considering the fact that the actual recovery was made from the hutment of Daroga Yadav, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of twelve weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sessions Judge cum Special Judge, Gopalganj in Kuchaikote P.S.Case No. 129/2015, Trial No. 25/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C. The bail bonds of the petitioners shall be accepted by the learned court below on filing affidavit that he will regularly cooperate in the investigation. Non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bonds of the petitioners.

(Dinesh Kumar Singh, J) Surendra/- U