Chandeshwar Das v. The State Of Bihar

Patna High Court Cr.Misc. No.25502 of 2017 (4) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25502 of 2017 Arising Out of PS.Case No. -333 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ====================================================== Chandeshwar Das Son of Gopal Das, Resident of Village- Narharganj, P.S. Dumaria, District Sarlahi (Nepal).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Chaurasia For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the State.

The petitioner is accused in Majorganj P.S.Case No. 333 of 2016 for the offense under Sections 8/20(b) II/B of the NDPS Act.

The petitioner is in custody since 26.11.2016. From perusal of the prosecution story it appears that 3.8 Kgs. of Ganja was recovered from a bag which the petitioner was carrying on a motorcycle with Nepali currency. In para-3 of the petition there is statement that the petitioner has no criminal antecedent. The affidavit was affirmed by one Uttam Das who is resident of village Barharwa Urf. Bisunpur Mohabbat, P.S. Majorganj, Distt. Sitamarhi claiming himself to be the uncle of

Patna High Court Cr.Misc. No.25502 of 2017 (4) dt.20-07-2017 the petitioner.

Having regard to the statement made in para-3 of the petition and the fact that the petitioner is in custody since 26.11.2016, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.D.J. Ist, Sitamarhi in connection with Majorganj P.S. Case No. 333 of 2016, G.R. No. 3727/2016, T.R. No. 12/2017, subject to the conditions that one of the bailors of the petitioner shall be the said Uttam Das who has affirmed the affidavit in this case and the other bailor should be resident of Sitamarhi with the further condition that the petitioner will extend full cooperation in the conclusion of the trial and will not, in any manner, tamper with the evidence or influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T