High Court Patna High Court - Orders

Radhey Shyam Yadav vs The State Of Bihar &Amp; Anr. on 25 February, 2011

Patna High Court – Orders
Radhey Shyam Yadav vs The State Of Bihar &Amp; Anr. on 25 February, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        Cr.Misc. No.1442 of 2011
               Radhey Shyam Yadav son of Sadhu Yadav, resident of village-Khapahi Tand,
               Police Station-Thakraha, (Bhitahan), District-West Champaran
                                                    Versus
                                       The State of Bihar & Anr.
                                                  -----------

2 25.02.2011 Heard learned counsel appearing on behalf of the petitioner, the

learned counsel appearing on behalf of the State and the learned

counsel for the Union of India who also files the counter affidavit.

Petitioner is in custody in connection with N.D.P.S. Case No.17

of 2010 for the offence punishable under Sections 20, 22 and 23 of the

N.D.P.S. Act.

Substance of allegation against the petitioner is of alleged

recovery of 10 kilogram of Ganja.

The prayer for bail of this petitioner was earlier rejected by this

Court by order dated 23.06.2010.

Learned counsel for the petitioner submits that for the alleged

offence the petitioner having a clean antecedent has remained in

custody since 17.3.2010. He further submits that the alleged seized

quantity of Ganja is far below the commercial quantity of Ganga and in

view of the matter the prayer of the petitioner requires reconsideration.

Taking into consideration the circumstances and considering

the submissions of the learned counsel, let the petitioner namely,

Radhey Shyam Yadav, be released on bail on furnishing bail bonds of

Rs.10,000/- (ten thousand) with two sureties of the like amount each to

the satisfaction of the Sessions Judge, Bettiah, District-West

Champaran in connection with N.D.P.S Case No. 17 of 2010 arising

from Inerwa P.S. Case No.07 of 2010 subject to the following

conditions:

2

1. that the father of the petitioner would stand as one of the bailors

and who would be under a duty to inform the court below in case

this petitioner after his release in the present case is named or is

involved in any further case of similar nature and whereupon the

court below shall be at liberty to cancel the bail bond of the

petitioner and take him into custody.

2. that the petitioner would ensure his representation before the

Court below on each and very date fixed in the case and the

failure on the part of the petitioner to ensure his representation

on two consecutive dates fixed without reasonable explanation

to the satisfaction of the trial Court, would confer liberty on the

Court concerned to initiate proceeding for cancellation of his

bail bonds and to take him into custody.

(Jyoti Saran,J.)

Bibhash