← Library
Patna High CourtCR. MISC./72821/2018bail granted

Vijay Yadav @ Bijay Yadav v. The State Of Bihar

2018-12-20Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 72821 of 2018 Arising Out of PS. Case No.-372 Year-2016 Thana- MAJHAULIA District- West Champaran ====================================================== Vijay Yadav @ Bijay Yadav, S/o Ambika Yadav, R/o Village- Loknathpur, P.S.- Govindganj, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks anticipatory bail in a case registered under Sections 20, 22, 23, 24, 27A, 29 of Narcotic Drugs and Psychotropic Substances Act.

It is submitted by the petitioner's counsel that the alleged recovery of 16 kgs of Ganja is attributed to co-accused Gultu Paswan. Petitioner has been named by the said Gultu Paswan. Other than disclosure of his name in the statement of co-accused Gultu Paswan, there is nothing on record to implicate the petitioner in the instant case. He has no concern with the recovery whatsoever. Prior to the instant case, there is no criminal antecedent against him.

Patna High Court Cr.Misc. No.72821 of 2018(3) dt.20-12-2018 2/3 Considering the aforesaid submissions and the facts and circumstances of the case, prayer for anticipatory bail is allowed. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I -cum- Special Judge, Bettiah, West Champaran in Bhargama Police Station Case No 372 of 2016 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also with the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T

Patna High Court Cr.Misc. No.72821 of 2018(3) dt.20-12-2018 3/3