← Library
Patna High CourtCR. MISC./65858/2018bail granted

Subhash Yadav v. The State Of Bihar

2018-12-14Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65858 of 2018 Arising Out of PS. Case No.-252 Year-2017 Thana- RAMGARHWA District- East Champaran ====================================================== Subhash Yadav, Son of Lal Babu Yadav, Resident of Village- Siswa, Police Station- Raxaul, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Tondon For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 22.11.2017 in connection with N.D.P.S. Case No.89 of 2017 arising out of Ramgharwa P.S. Case No.252 of 2017 registered for the offence under Section 414 of Indian Penal Code and Section 20(b)(ii)(B) N.D.P.S. Act.

Learned counsel for the petitioner submits that the prayer of the bail was earlier rejected passed in Cr.Misc. No.30062 of 2018 vide order dated 17.05.2018 but soon thereafter, similarly situated co-accused Raju Yadav has since been extended the privilege of bail passed in Cr. Misc. No.32716 of 2018 vide order dated 25.06.2018. It is further

Patna High Court Cr.Misc. No.65858 of 2018(3) dt.14-12-2018 2/2 submitted that the order was conditional order that if the trial is not concluded within 4 months from the date of order the petitioner therein would be extended the privilege of bail on furnishing the bail bond of Rs. 20,000/- (Twenty Thousand). The learned counsel for the petitioner submits that to the best of knowledge of the petitioner the trial has not been concluded and the petitioner has already been in custody for more than one year.

Considering the aforementioned facts and circumstances, in view of the fresh ground made out, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, East Champaran, Motihari, in connection with N.D.P.S. Case No.89 of 2017 arising out of Ramgharwa P.S. Case No.252 of 2017. (Anjana Mishra, J) Khushbu/- rakesh U T