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Patna High CourtCR. MISC./73028/2019bail granted

Karikh Mahto v. The State Of Bihar

2019-11-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73028 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- BELA District- Sitamarhi ====================================================== 1.

Karikh Mahto (Male) aged about 65 years Old, Son of Late Ram Avtar Mahto 2.

Sanjay Mahto (Male) aged about 25 years old, S/O Sh. Karikh Mahto Both Resident of Village- Khairba, P.S.- Bela, District- Sitamarahi, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-11-2019 Heard learned counsel for the parties.

Two petitioners, apprehending their arrest in Bela P.S. Case No. 59 of 2019 registered for the offence under Sections 8/20(b)II(B)/22(B)/23(B) of N.D.P.S. Act, have prayed for grant of bail.

Learned counsel for the petitioners submits that as per F.I.R., six kg. Ganja was recovered from one Mahendra Kumar Yadav, who disclosed the name of petitioners, to whom, he was going to supply the said Ganja. Save and except confessional statement, there is nothing against the petitioners. He further submits that both petitioners have no criminal antecedent. On aforesaid ground, a prayer has been made for grant of anticipatory bail.

Patna High Court CR. MISC. No.73028 of 2019(2) dt.20-11-2019 2/2 Considering the aforesaid facts and circumstances as well as clean antecedent of the petitioners, in the event of arrest or surrender within a period of six weeks from today, let both petitioners above named be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Sitamarhi in connection with Bela P.S. Case No. 59 of 2019 on the following conditions:

(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J.) anay U T