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
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
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.)