IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12901 of 2010
PRAKASH TANTI @ UDAY TANTI @ UDO, S/o Sri Gyani Tanti.
Versus
1. THE STATE OF BIHAR.
2. The Union of India through the Dirctor.
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04. 24.06.2010 Heard learned counsel for the petitioner, State
and the Union of India.
The petitioner seeks bail in a case instituted for
the offences under Sections 20B and 22 of N.D.P.S. Act.
It has been submitted that when the co-accused,
Arun Mandal was caught on suspicion from his
possession 10 Kgs. of ganja was recovered and he
disclosed the name of the petitioner as one of the persons
who had fled away throwing the ganja that was in his
possession. The submission of the counsel is that there
has been no recovery from his possession and he has no
criminal antecedent which fact will be verified by the court
below before releasing the petitioner on bail.
In view of such, let the petitioner, above named
who is in custody since 14.02.2010 be released on bail on
furnishing bail bond of Rs. 5,000/- (Five Thousand) with
two sureties of the like amount each to the satisfaction of
Special Judge (Sessions Judge, Khagaria) in connection
with Khagaria (Mufasil) P.S. Case No. 8 of 2008 (Special
Case No. 01A of 2008) subject to the following conditions:-
(i) That one of the bailors will be a close relative of the
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petitioner who will give an affidavit giving genealogy as to
how he is related with the petitioner and the other bailor
shall be the father of 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 affidavit shall
clearly state that the petitioner is not accused in any other
case and if he is he shall not be released on bail. (iii) That
the bailor shall also state on affidavit that he 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 misuse. (iv) 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.
(Anjana Prakash, J.)
Vikash/-