Binod Kumar Yadav @ Chorwa Pandit @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12160 of 2018 Special (NDPS) Case No. 116 of 2017,arising out of PS. Case No. -269 Year- 2017 Thana - BUDDHACOLONY District- PATNA ====================================================== BINOD KUMAR YADAV @ CHORWA PANDIT @ BINOD KUMAR S/o Late Vijay Yadav, R/o. Mohalla-Kath ke Pool, South Mandiri, P.S.- Budha Colony, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gautam Shah, Adv For the Opposite Party/s : Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.08.2017 in connection with Special (NDPS) Case No. 116 of 2017, arising out of Budha Colony P.S. Case No. 269/2017 for the alleged offences under Sections 20 and 22 of the NDPS Act, 1985.

3. It is submitted that the petitioner has been falsely implicated and nothing has been recovered from his conscious possession. It is further submitted that the alleged recovery comes under the category of small quantity. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of custody already suffered since 12.08.2017, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Patna in

Patna High Court Cr.Misc. No.12160 of 2018 (2) dt.16-03-2018 connection with Special (NDPS) Case No. 116 of 2017, arising out of Budha Colony P.S. Case No. 269/2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T