Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50699 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== UDAY YADAV Son of Bhumi Yadav Resident of Village-Nayatola, Sahebpur Kamal (Navtoliya), P.S.-Sahebpur Kamal, District-Begusarai (Bihar). ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in NDPS Case No. 02/2019, arising out of Sahebpur Kamal P.S. Case No. 01/2019, instituted for offence under Section(s) 188, 413, 120(B)/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act and Sections 20, 22 and 23 of NDPS Act. Earlier prayer for bail of petitioner was rejected by this Court in Cr. Misc. No. 22028/2019 dated 08.04.2019 with liberty to renew prayer for bail after completing six months in custody if no substantial progress is made in trial. It is alleged in the written report that on the disclosure of Rajesh Kumar @ Dimpal, police raided the house of petitioner and recovered huge quantity of foreign liquor kept in

Patna High Court CR. MISC. No.50699 of 2019(3) dt.28-08-2019 2/3 cartons along with 450gm Ganja.

Report from the court below about stage of trial has been received, wherein it is mentioned that charge has not been framed in this case till date.

Petitioner is in custody since 02.01.2019.

Keeping in view the period spent by petitioner in custody and charge has not been framed till date, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Begusarai, in connection with NDPS Case No. 02/2019, arising out of Sahebpur Kamal P.S. Case No. 01/2019, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in

Patna High Court CR. MISC. No.50699 of 2019(3) dt.28-08-2019 3/3 the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T