Deolal Prasad vs The Union Of India on 29 March, 2011

Patna High Court – Orders

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr. Misc. No.43818 of 2010
                      DEOLAL PRASAD son of Late Dhorhi Mahto
                                       Versus
                              THE UNION OF INDIA
                                      -----------

4/ 29.03.2011 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 8(b), 15 and 18 of the NDPS Act.

Considering that some poppy plants were recovered

from the possession of the petitioner, but has fair antecedents, let the

petitioner, above named, be released on bail on furnishing bail bond

of Rs.5,000/- (five thousand) with two sureties of the like amount

each or any other surety to be fixed by the court below to the

satisfaction of the 1st Additional Sessions Judge, Gaya, in

connection with Excise Case No. 57 of 2008, subject to the

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 and another bailor shall be Mahendra

Prasad, nephew/brother-in-law of the petitioner. The bailors will

undertake to furnish information to the court about any change in the

address of the petitioner, (ii) That the affidavit shall clearly state that

the petitioner is not an accused in any other case and, if he is, he

shall not be released on bail, (iii) That the bailors shall also state on

affidavit that they will inform the court concerned if the petitioner is

implicated in any other case of similar nature after his release in the

present case and thereafter the court below will be at liberty to

initiate the proceeding for cancellation of bail on the ground of
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misuse, (iv) That the petitioner will give an undertaking that he will

receive the police papers on the given date and be present on 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, and (v) 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.

JA/-                                            (Anjana Prakash,J.)

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