Patna High CourtCR. MISC./33727/2020bail granted

Dinkar Yadav v. The State Of Bihar

2021-02-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33727 of 2020 Arising Out of PS. Case No.-39 Year-2019 Thana- MAHISHI District- Saharsa ====================================================== DINKAR YADAV S/o Ram Sundar Yadav Resident of Village-Bhandariya, P.S.-Jamalpur, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 17.03.2019 in connection with Mahesi P.S. Case No. 39/2019 registered for the offences punishable under Sections 20/22 of the NDPS Act. Earlier, the bail of the petitioner was rejected vide order dated 04.09.2019 passed in Cr. Misc. No. 36915 of 2019. It is submitted on behalf of the petitioner that charge has already been framed in this case and some of the witnesses have been examined. It is further submitted that less than commercial quantity is said to have been recovered from the possession of the petitioner. Petitioner is in custody since 17.03.2019 having no criminal antecedent.

Considering the stage of trial and quantity of recovery, the bail petition of the petitioner is allowed. Let the

Patna High Court CR. MISC. No.33727 of 2020(2) dt.10-02-2021 2/2 petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned District and Sessions cum Special Judge (NDPS), Saharsa and in connection with Special Case (Excise) No. 05/2019 arising out of Mahesi P.S. Case No. 39/2019, subject to following conditions:- (1)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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T