Amarjeet Yadav @ Amaejeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1428 of 2021 Arising Out of PS. Case No.-57 Year-2007 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== AMARJEET YADAV @ AMAEJEET KUMAR S/O LATE GAJO YADAV RESIDENT OF VILLAGE - KURHA, P.S. - S. KAMAL, DISTRICT - BEGUSARAI ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in N.D.P.S. Case No.11 of 2007, arising out of S. Kamal P.S. Case No. 57 of 2007 registered under Sections 20, 22, 23 & 25 of the N.D.P.S. Act. It is a case of misuse of privilege of bail.

It is submitted by learned counsel for the petitioner that earlier the petitioner was on bail but his bail bond was cancelled on 22.05.2018 due to his absence on the ground that the was case was fixed for statement under Section 313 Cr.P.C. The petitioner had no knowledge of cancellation of his bail bond as he happens to be labourer and had gone outside of the State entrusting the case to his learned counsel who left the pairvi in

Patna High Court CR. MISC. No.1428 of 2021(2) dt.04-03-2021 2/2 the case and did not inform him about the fate of the case. Hence, in absence of the petitioner his bail bond was cancelled. The petitioner has been languishing in custody since 20.08.2019 and sufficiently punished for his fault.

Per contra, learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge N.D.P.S. Act, Begusarai with condition that the petitioner shall deposit a sum of Rs.3,000/- (Rupees Three Thousand) in the Legal Services Authority of the concerned district and also remain present before the Court on each and every date fixed in the case and in case of failure on two consecutive dates without assigning any sufficient and genuine ground to the satisfaction of the learned Trial Court, his bail bond shall stand cancelled. (Anjani Kumar Sharan, J) Trivedi/- U T