Patna High CourtCR. MISC./48069/2016bail granted

Harendra Rai @ Harendra Das v. The State Of Bihar

2017-02-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.48069 of 2016 (3) dt.06-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48069 of 2016 Arising Out of PS.Case No. -259 Year- 2016 Thana -GHORASAHAN District- EASTCHAMPARAN (MOTIHARI) ====================================================== Harendra Rai @ Harendra Das, son of Anup Rai, resident of VillagePareye, PS- Sikarganj, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Kumar Mishra, Advocate. For the Opposite Party : 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 19.07.2016 in connection with N.D.P.S. Case No. 37 of 2016 arising out of Ghorasahan P.S. Case No. 259 of 2016 for the offences alleged under Sections 20/22 of the Narcotic Drugs & Psychotropic Substances Act.

3. It is submitted that the petitioner has been falsely implicated and recovery of 2 Kg. of Ganja from his possession is denied. The 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 Sub-Divisional Judicial Magistrate, Sikerhana (Dhaka) at Motihari, East Champaran, in connection with N.D.P.S. Case No. 37 of 2016 arising out of Ghorasahan P.S. Case No. 259 of 2016 (G.R. Case No. 653 of 2016), on the following conditions:- (i) That one of the bailors shall be a close relative of

Patna High Court Cr.Misc. No.48069 of 2016 (3) dt.06-02-2017 the petitioner.

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