Chotelal Madhesiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71825 of 2021 Arising Out of PS. Case No.-243 Year-2021 Thana- GUTHANI District- Siwan ====================================================== CHOTELAL MADHESIYA S/o Late Sitaram Madhesiya, Resident of Village- Guthani East, P.S.- Guthani, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Mohan Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Guthani P.S. Case No. 243 of 2021 lodged under Sections 8/20(b)/(ii)(A) of N.D.P.S. Act.

Learned counsel for the petitioner submits that total recovery of Ganja is 594 gm. as per the seizure list which is small quantity. He further submits that antecedent of the petitioner is clean and he is in custody since 11.10.2021 i.e. more than one year.

Learned counsel for the State opposes the prayer for bail and submits that as per case diary total 694 gm. Ganja has

Patna High Court CR. MISC. No.71825 of 2021(3) dt.13-10-2022 2/3 recovered alongwith Tarazoo and cash money. He further submits that the recovered quantity is less than small quantity as prescribed under NDPS.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Siwan in connection with Guthani P.S. Case No. 243 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of

Patna High Court CR. MISC. No.71825 of 2021(3) dt.13-10-2022 3/3 this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T