Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31678 of 2014 Arising Out of PS.Case No. -42 Year- 2011 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ganesh Yadav S/o - Kishori Pd. Yadav @ Kishore Rai R/o - Village - Katkuia, P.S. - Chiraiya, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 07-10-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 8(c), 20, 21, 22 and 23 of the N.D.P.S. Act. In view of the undertaking of the Petitioner that he will be physically present on each date of trial, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned 3rd Additional Sessions Judge, East Champaran in connection with Chiraiya P.S. case No.42 of 2011 (N.D.P.S. case No.88 of 2011), subject to the conditions (i) That one of the bailor shall be Upendra Rai, brother of the Petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit

Patna High Court Cr.Misc. No.31678 of 2014 (8) dt.07-10-2015 2/2 giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner shall be physically present on each date of trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled.

(Anjana Prakash, J) Narendra/- U T