Dular Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19402 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== DULAR YADAV Son of Late Murahu Yadav Resident of VillageDihbhujaina, P.s.- Chainpur, Dist.- Kaimur at Bhabua. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2020 The matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Chainpur P.S. Case No. 42 of 2020, registered for the offence punishable under Sections 20 (b), (ii), (c) /22/25/27(A) and 29 of the NDPS Act. It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. Nothing has been recovered from the conscious possession of the petitioner. As per seizure list, 7 Kg and 750 gm Ganja less than commercial quantity has been recovered from the house, which is in joint possession of family. Petitioner has got clean

Patna High Court CR. MISC. No.19402 of 2020(4) dt.15-09-2020 2/2 antecedent and is in custody since 6.2.2020.

Considering the quantity of recovery, having clean antecedent and period of custody, let the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Kaimur Bhabua in connection with NDPS Case No. 04 of 2020, arising out of Chainpur P.S. Case No. 42 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) SONALI/- U T