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Patna High Court – Orders
Vishwanath Mahto vs The State Of Bihar on 2 July, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr. Misc. No.15352 of 2010
                     VISHWANATH MAHTO son of Jiut Mahto
                                     Versus
                            THE STATE OF BIHAR
                                    -----------

4/ 02.07.2010 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 20/22 of the NDPS Act.

It has been submitted that the petitioner is named in the

First Information Report on the basis of the confessional statement of

co-accused who was caught with 4 Kg. of Ganja but there has been no

recovery from his possession nor does he have any criminal

antecedent.

In view of such, let the petitioner, above named, who is in

custody since 21.3.2009, 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 the 5th Additional Sessions Judge, Muzaffarpur, in

connection with Baruraj P.S. Case No.117 of 2002, 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 the other bailor shall be the son 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 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
-2-

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.

The fact that petitioner has no criminal antecedent will be

verified by the court concerned before releasing the petitioner on bail.

JA/-                                     (Anjana Prakash, J.)
 

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