Satyadeo Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52830 of 2018 Arising Out of PS.Case No. -96 Year- 2017 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) =================================================== Satyadeo Nath son of Hemnath, resident of Village- Harkatwa, Police Station- Gaunaha, District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Ajay Kumar-1 =================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

29-08-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Trial No. 51 of 2017 arising out of Gaunaha P.S. Case No. 96 of 2017 registered for the offence punishable under Sections 20(b), 23, 27(a) of the N.D.P.S. Act pending in the court of learned Additional Sessions Judge - 3rd, Bettiah, West Champaran.

Earlier, prayer of the petitioner for grant of regular bail was rejected stating that the prayer is being rejected 'at this stage'. Learned counsel for the petitioner submits that the quantity of Ganja which has been allegedly recovered from the motorcycle is 3 kg. 900 gram, petitioner has no criminal antecedent and he is in custody in this connection for about one year by now.

No one appears on behalf of the State to oppose

Patna High Court Cr.Misc. No.52830 of 2018 (2) dt.29-08-2018 the prayer for bail of the petitioner.

In the circumstances, considering the quantity and the fact that the petitioner has remained in custody for almost one year, let the petitioner above-named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge - 3rd, Bettiah, District - West Champaran, in connection with Trial No. 51 of 2017 arising out of Gaunaha P.S. Case No. 96 of 2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

Apart from those conditions petitioner shall give an undertaking that he would present himself in the trial on each and every date fixed in the matter and two regular nonappearance of the petitioner for no cogent reason in course of trial shall lead to cancellation of his bail bond. This application is disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T