Indradeo Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.1752 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1752 of 2018 Arising Out of PS.Case No. -326 Year- 2017 Thana -BASANTPUR District- SIWAN ====================================================== Indradeo Singh, aged about 95 years, S/o Late Gopal Jee Singh, resident of Village Samardah, P.S. Basantpur, District- Siwan. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sunil Kumar Pathak, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Basantpur P.S. Case No. 326 of 2017 for the offences alleged under Section 20 of N.D.P.S. Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 15 Kg. of ganja. It is submitted that in any event such recovery is said to have been made from the southern side of the house in open field and not from the conscious possession of the petitioner who claims to be 95 years of age with clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.1752 of 2018 (2) dt.11-01-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Siwan, in connection with Basantpur P.S. Case No. 326 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T