Nilesh Kumar @ Atma Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64828 of 2021 Arising Out of PS. Case No.-506 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== NILESH KUMAR @ ATMA YADAV S/O PRAHLAD YADAV R/o villageAdarsh Colony Surkikol, P.S.- Barari, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-04-2022 Heard learned counsel for the parties in Virtual Court proceeding.

Let the defect(s), as pointed out by the office, be removed within four weeks of start of normal functioning of the physical Court.

The petitioner is in judicial custody in Kotwali (Barari) P.S. Case No. 506/2021 & N.D.P.S. Case No. 54/2021 under Sections 20 & 22 of the N.D.P.S. Act.

The allegation against the petitioner herein is that the police intercepted the accused persons and upon search so far as this petitioner is concerned, fifteen pouches of three gm. of smack like substance recovered. Accordingly, he was taken into judicial custody after completion of the formalities. The

Patna High Court CR. MISC. No.64828 of 2021(2) dt.22-04-2022 2/3 petitioner submits that he does not have any criminal antecedent and further there is no compliance of the different sections of the N.D.P.S. Act, and as such, the seizure list does not have any evidentiary evidence.

Taking into the account, the aforesaid fact and also that the charge-sheet has been submitted the police has seized pouches being three gms. of smack like substance with further fact that the petitioner has no criminal antecedent and is in judicial custody since 05.08.2021, this Court is inclined to grant privilege of bail to the petitioner. However, if it is found by the learned Court below that the petitioner does have any criminal antecedent, this bail order shall become inoperational. Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- with two sureties of the like amount to the satisfaction of learned Session Judge, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 506/2021 & N.D.P.S. Case No. 54/2021, subject to the following condition; (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.64828 of 2021(2) dt.22-04-2022 3/3 dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence. (iv) if he indulges in any criminal offence once again, the State shall be at liberty to take steps for cancellation of his bail bonds;

The bail application is allowed with the aforesaid observations.

(Rajiv Roy, J) Ranjeet/- U T