Mukdar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65339 of 2021 Arising Out of PS. Case No.-195 Year-2020 Thana- NAGAR District- Vaishali ====================================================== MUKDAR MAHTO Son of Bhonu Mahto Resident of Mohalla Nakash Chauk Mitha Kuan, P.s.- Town Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2021 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 20, 22, 23, 24, 27, 29 of the N.D.P.S. Act.

Earlier, the prayer for bail of this petitioner was rejected vide order dated 07.09.2021 passed in Cr. Misc. No.9157 of 2021 by this Court with a liberty to renew his prayer for bail after framing of charge.

The petitioner has now filed this application for bail. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.65339 of 2021(2) dt.01-12-2021 2/3 charge has been framed against the petitioner on 10.09.2020 and in support of thereof, has annexed a copy of the same in the instant application.

Considering the submissions made, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hajipur Town P.S. Case No.195 of 2020, subject to the following conditions:

(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused 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. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his

Patna High Court CR. MISC. No.65339 of 2021(2) dt.01-12-2021 3/3 bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J) pallavi/- U T