Butaee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15723 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ====================================================== Butaee Yadav, s/o Puna Yadav, r/v Sanaut, P.S. Muffasil, Distt. Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhusudan Kumar For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Mufassil P.S. Case No. 98 of 2016 registered for the offences punishable under Sections 18, 20 and 22 of the N.D.P.S. Act. Allegedly, Lakhan Yadav was apprehended whereas, one person succeeded in fleeing away and Lakhan Yadav stated that he has cultivated the opium plant with petitioner as Bataaidar in 15 decimal of land.

Submission is of false implication and that the petitioner has got no concern with that land nor he has cultivated the opium plant as Bataidaar. save and except the confessional statement of co-accused, there is no other material against the petitioner. However, said Lakhan Yadav has been allowed bail

Patna High Court Cr.Misc. No.15723 of 2017 (2) dt.21-04-2017 2/2 vide Criminal Miscellaneous No. 26748 of 2016 by another coordinate Bench of this court and the petitioner is suffering in custody since 13.02.2017 after his surrender and, as such, the petitioner also deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Gaya in connection with Muffasil P.S. Case No. 98 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T