Sudama Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22794 of 2020 Arising Out of PS. Case No.-111 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== SUDAMA YADAV Son of Ramchandra Yadav Resident of Village-Pathahra, P.S.-Bhadopur, District-Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-11-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 20 & 22 of the N.D.P.S. Act.

Allegation is recovery of 19 Kg of Ganja from the seat of the bus upon which petitioner was seated. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. Nothing was recovered from his possession. It was a passenger vehicle and he was sitting as a passenger and

Patna High Court CR. MISC. No.22794 of 2020(3) dt.04-11-2020 2/3 was not aware that in the bus ganja was kept. It has been further submitted that alleged recovery was made on 18.03.2020 but he was sent to judicial custody on 20.03.2020 after delay of three days without any explanation. Petitioner has no criminal antecedent and he is in custody since 20.03.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount to the satisfaction of learned Sessions Judge, Nawada, in connection with Special (NDPS) Case No. 14 of 2020 arising out of Rajauli P.S. Case No. 111 of 2020 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) 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

Patna High Court CR. MISC. No.22794 of 2020(3) dt.04-11-2020 3/3 petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/rajivU T