Mintus Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56561 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -FATUHA District- PATNA ======================================================

1. Mintus Kumar Yadav, S/o Munarik Singh Yadav, A resident of VillageNiyazipur, P.S.- Fatuha, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nitesh Kumar For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 123 of 2017, registered for offences punishable under Sections 411 and 412 of the Indian Penal Code and Sections 20(ii) and 22(B) of the Narcotics Drugs and Psychotropic Substance Act.

Police on information that some persons were planning to commit dacoity, raided the place and from possession of the petitioner 510 gram of ganja was recovered and further 485 gram ganja from co-accused of this case.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, one of the coaccused has already been enlarged on bail by a coordinate Bench of this Court vide order dated 12.10.2017 passed in Cr. Misc. No.

47733 of 2017 and petitioner has been in custody since 06.06.2017 and though he is accused in four other cases but they are not the similar as the present one.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts and also in view of the fact that other co-accused has already been enlarged on bail, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, Patna, in connection with Fatuha P.S. Case No. 123 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T