Mithilesh Mahto @ Mithlesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65777 of 2018 Arising Out of PS. Case No.-69 Year-2018 Thana- KANHAULI District- Sitamarhi ====================================================== Mithilesh Mahto @ Mithlesh Mahto Son of Sri Ram Ram Pratap Mahto Resident of Village-Sonbarsa, P.,S. Sonbarsa,Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Kanhauli P.S. Case No. 69 of 2018 registered for the offence punishable under Section 8/20(B) II/A N.D.P.S. Act.

Allegation against petitioner is of recovery of 4 kg of Ganja from his possession while coming on motorcycle from Nepal to Bihar.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is in custody since 10.06.2018. This is the first offence under N.D.P.S. Act.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.65777 of 2018(2) dt.22-11-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge N.D.P.S. Act, Sitamarhi, in connection with Kanhauli P.S. Case No. 69 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T