Malak Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57718 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Malak Mahto Son of Bunty Mahto Resident of Village-Pirari, Post OfficePirari Gothi, Police Station-Sherwa, District-Parsa (Nepal) ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Union of India through the S.S.B, Inarwa Camp, P.S-Inerwa, DistrictWest Champaran. West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar No 7 For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

For the Union of India :

Ms. Shail Kumari, (C.G.C.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with N.C.B. Case No. 08 of 2019 for the offences under Sections 8, 20, 25 and 29 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 03.03.2019. He further submits that in the instant case 5.800 kg. Charas was seized but nothing was recovered from the conscious possession of the petitioner.

Considering the fact that petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner,

Patna High Court CR. MISC. No.57718 of 2019(5) dt.04-02-2020 2/2 subject to condition that both the petitioners shall deposit of Rs.5,00,000/- (Rupees five lakh) cash in the Court below and on deposit of the same the Court below shall release the petitioner, named above, on bail on furnishing bail bonds of Rs.2,00,000/- (Rupees two lakh) with two sureties of the like amount each to the satisfaction of Court of learned Sessions Judge, Bettiah, West Champaran in connection with N.C.B. Case No. 08 of 2019, subject to following condition:-

(1) The petitioner after release on bail shall appear in the court below on each and every date, if the petitioner fails to attend the Court proceeding on two consecutive dates without any cogent reason, the Court below shall be at liberty to cancel the bail bond of the petitioner.

(2) Petitioner shall deposit the passport, if any, in the Court below, the trial court is required to expedite the trial on day to day basis and conclude the same within a maximum period of four months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) mdrashid/- U T