Ram Rekh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82637 of 2019 Arising Out of PS. Case No.-70 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== RAM REKH YADAV Son of Haricharan Yadav Resident of Village- Misi, P.S.- Bakhtiyarpur, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under sections 20/22 of the NDPS Act on the allegation of recovery of 700 grams of Ganja from his house. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as the recovery is of small quantity of Ganja which has not been made from his conscious possession and he is no way concerned with the recovery. Petitioner is in custody in the instant case since 20.9.2019 having no criminal antecedent. Similarly situated coaccused Sangeeta Devi has already been allowed bail by a bench of this Court vide order dated 19.4.2018, passed in Cr.Mis.No. 21872/2018.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum

Patna High Court CR. MISC. No.82637 of 2019(2) dt.12-12-2019 2/2 Special Judge, NDPS Act, Patna in Special Case No. 11 of 2018 Spl no. 170/2018 on the following conditions:-

(1) Petitioner shall co-operate 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers 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) Shashi U T