Patna High CourtCR. MISC./46489/2016bail granted

Moti Modi v. The State Of Bihar

2017-02-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.46489 of 2016 (3) dt.06-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46489 of 2016 Arising Out of PS.Case No. -209 Year- 2016 Thana -FALKA District- KATIHAR ====================================================== Moti Modi, S/o Ram Jatan Modi, resident of Village-Bishnichak Sameli, P.S.-Falka, District-Katihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate. Mr. Dhananjaya Nath Tiwari, Advocate.

For the Opposite Party : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 08.09.2016 in connection with Falka (Pothiya) P.S. Case No. 209 of 2016 for the offences alleged under Sections 22 & 23 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

3. It is submitted that the petitioner has been falsely implicated and recovery of 2 kg. 400 grams of Ganja from his possession is denied. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Katihar, in connection with Falka (Pothiya) P.S. Case No. 209 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

Patna High Court Cr.Misc. No.46489 of 2016 (3) dt.06-02-2017 (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T