Ram Balak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32591 of 2015 Arising Out of PS.Case No. -559 Year- 2014 Thana -BAHERA District- DARBHANGA ====================================================== Ram Balak Yadav, Son of Late Kishori Yadav, resident of villageMatharahi, P.S.- Baheri, District- Darbhanga .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi, Adv. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Bahera P.S. Case No. 559 of 2014, disclosing offences under Sections 20, 21, 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act.

Learned counsel appearing on behalf of the petitioner draws my attention to an order of this Court dated 29.06.2015 passed in Criminal Miscellaneous No. 23879 of 2015, in order to contend that similar circumstanced co-accused Chandan Singh has been granted the privilege of anticipatory bail, as from the conscious possession of the petitioner, nothing was recovered and petitioner's name brought up on the basis of statement of co-

Patna High Court Cr.Misc. No.32591 of 2015 (2) dt.14-08-2015 2/2 accused. It has been stated in paragraph 3 the application that the petitioner has no criminal antecedent.

Considering the submission that similarly situated coaccused has been granted the privilege of anticipatory bail, this application is, accordingly, allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum- Special Judge, Darbhanga in connection with Bahera P.S. Case No. 559 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Vats/- U T