Angad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1429 of 2015 Arising Out of PS.Case No. -124 Year- 2014 Thana -CHAUSA District- MADHEPURA ====================================================== Angad Yadav S/o Suresh Yadav resident of Village - Fulaut, P.S. - Chausa, District - Madhepura.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-03-2015 Heard the parties.
The petitioner seeks bail in a criminal prosecution registered under Sections 20/22 of the N.D.P.S. Act, 1985. Though the petitioner is named in the F.I.R. vide Annexure-1 as an accused and there is allegation of recovery of 14 Kg. of ganja from his possession, which is less than the commercial quantity, but taking into consideration the fact that he is in judicial custody since 19.08.2014 and he is said to be the first offender, as according to the learned counsel appearing on behalf of the petitioner, no other criminal case, except the present one, is pending against him, his prayer for bail is allowed. The petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st-cumSpecial Judge, N.D.P.S. Act, Madhepura in connection with Special Case No. 03/2014/ CIS No. 03/2014 arising out of Chausa (Fulaut O.P.) P.S. Case No. 124/2014, subject to the conditions that:
(A) Both the bailors shall be parents of the petitioner,
Patna High Court Cr.Misc. No.1429 of 2015 (3) dt.04-03-2015 2/2 (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.
(Birendra Prasad Verma, J) BTiwary/- U T