Dharamveer Yadav @ Dharamveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53894 of 2018 Arising Out of PS.Case No. -820 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Dharamveer Yadav @ Dharamveer Kumar Son of Ramanand Yadav Resident of Village- Hathwan Tola Morkahi Ward no. 05, P.S. Alouli, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Hajipur Town P.S. Case No. 820/2017, instituted for the offences under Sections 25(1-b)a and 26 II of Arms Act read with Sections 8, 20(b) (II)(B) of NDPS Act.

Earlier prayer for bail of the petitioner was rejected by a Co-ordinate Bench of this Court in Cr. Misc. No. 22762/2018 dated 17.04.2018.

It is alleged in the written report that 10 kg of Ganja, a country made pistol, a magazine and five live cartridges have been recovered from possession of this petitioner. Report of the court below has been received in this case, from which it appears that case is pending for production of

Patna High Court Cr.Misc. No.53894 of 2018 (5) dt.02-11-2018 2/3 accused. Charge has not been framed in this case. Learned counsel for the petitioner has submitted that recovery of 10kg of Ganja is below the commercial quantity. The petitioner is in custody since 24.11.2017.

From the report of court below, it appears that trial is not likely to be concluded within short time. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 1st-cumSpecial Judge, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 820/2017, subject to the conditions that (i) both the bailors shall be the close relative of the petitioner.

(ii) petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (iii) if petitioner tamper with the evidence in

Patna High Court Cr.Misc. No.53894 of 2018 (5) dt.02-11-2018 3/3 the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J.) Rakhi U T