Patna High CourtCR. MISC./61393/2017bail granted

Om Yadav And ANR v. The State Of Bihar

2018-02-07Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61393 of 2017 Arising Out of PS.Case No. -180 Year- 2017 Thana -MANSI District- KHAGARIA ======================================================

1. Om Yadav, S/o Gajendra Yadav, R/o village- Chhandi Ashthan jamahra, P.S.- Sonbarsha, District- Saharsa.

2. Pravesh Kumar S/o Buchchan Prasad Yadav, R/o Village- Parnagra, P.S.- Beldaur, District- Khagaria .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashok Kumar Yadav, Advocate For the Opposite Party : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-02-2018 Heard counsel for the petitioners and the State. Petitioners are accused in a case registered for offence under sections 8/20(b)(ii)(B) NDPS Act.

Counsel for the petitioners submits that the alleged recovery is much less than commercial quantity and not from the conscious possession of the petitioners and is also in violation of the provisions of the search and seizure which has not been supported by any independent witness, though the alleged occurrence took place in the morning. Petitioners have no antecedent and they are in custody since 6.8.2017. Considering the aforesaid submissions, prayer for bail of both the petitioners is allowed. Let the petitioners, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Khagaria/court in seisin of the matter in Mansi Police Station Case No. 180 of 2017/Special Police Station Case No. 12 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the

Patna High Court Cr.Misc. No.61393 of 2017 (4) dt.07-02-2018 petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(b) The petitioners will be well represented on each date and if fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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