Bhutu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 49333 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -ATHMALGOLA District- PATNA ====================================================== Bhutu Rai S/o Late Musahev Rai, R/v Nayatola, Subnima, P.S.- Athmalgola, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Vijay Kumar Sinha, Advocate For the S t a t e : Dr Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 20/22 of Narcotic Drugs and Psychotropic Substances Act.

First information report relates to recovery of 190 plants of Ganja from the agricultural field of the petitioner. Counsel for the petitioner submits that the size of the field is large. He submits that he is not in a position to comment why there was growth of plant, if at all in the field. It is further submitted that neither the petitioner has been arrested on the spot nor the plants have been recovered from his possession. Charge sheet in this case has already been submitted. It is also submitted that the

Patna High Court Cr.Misc. No.49333 of 2017 (2) dt.18-10-2017 2/2 petitioner bears clean antecedent.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge X, Patna in Athmalgola Police Station Case No 29 of 2017 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T