Janardan Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28213 of 2018 Arising Out of PS.Case No. -48 Year- 2009 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Janardan Mahato, son of Late Karu Mahato, Resident of VillageAgandha Tola Tali, P.S.- Belaganj, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Earlier prayer for bail of the petitioner was rejected vide order dated 30.08.2017 passed in Cr. Misc. No. 11336 of 2017 in connection with Excise Case No. 48 of 2009 as well as N.D.P.S Case No. 22/2010, registered for the offences punishable under Sections 8(b), 15 and 18 of the Narcotic Drugs and Psychotropic Substance Act, 1985 Act.

Allegation is that 5050 plants of opium has been recovered from the field of petitioner.

Submission of learned counsel for the petitioner that he has been in judicial custody since 05.12.2016 and not a single witness has been examined in this case and there is no likelihood of conclusion of trial in near future. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of period of custody, let the petitioner above

Patna High Court Cr.Misc. No.28213 of 2018 (2) dt.09-05-2018 2/2 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 A.D.J. -1st cum Special Judge, Excise, Gaya in connection with Excise Case No. 48 of 2009 as well as N.D.P.S Case No. 22/2010, 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