Raj Karan Yadav @ Raj Karan Prasad Yadav v. The Union Of India Through The S. S. B. East Champaran, Motihari

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55098 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- RAXAUL District- East Champaran ====================================================== RAJ KARAN YADAV @ RAJ KARAN PRASAD YADAV S/o Laxmi Yadav @ Laxmi Rai R/o village- Siswa Bazar Tola, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

1.

The Union Of India Through The S. S. B. East Champaran, Motihari Bihar 2.

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the UOI :

Mr. Manoj Kumar Sinha, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel appearing on behalf of the Union of India.

The petitioner seeks bail in a case registered for the offence punishable under Sections 20, 22, 23 and 24 of the N.D.P.S. Act.

The submission is that the recovery of Ganja is alleged from the possession of co-accused and nothing incriminating was recovered from the possession of the petitioner. The petitioner has stated on oath that he has got no criminal antecedent.

In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.55098 of 2019(2) dt.02-09-2019 2/2 petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, East Champaran, Motihari in connection with N.D.P.S. Case No. 29 of 2019 arising out of Raxaul Police Station Case No. 72 of 2019, G.R. No. 306 of 2019, subject to the conditions:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T