High CourtsSINGLE BENCH(2017) 04 JH CK 0024

Bhawani Mahapatra, & Ors. vs State of Bihar, & Ors.

Jharkhand High Court · Decided on 6 April 2017

HON’BLE JUDGES
Rajesh Shankar
CASE NUMBER
2395 of 2017

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Judgment

4 paragraphs · 273 words
1.

Heard learned counsel for the parties.

2.

Petitioner is an accused for the offences punishable under Sections 15(c), 17(c) and 18(c) of N.D.P.S. Act.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. It is alleged that the police party found plantation of opium plant in the field of the accused persons including the petitioner. It is further submitted that no details of the plot(s) or the area from which the alleged seizure of opium plants were made by the police have been given. Co-accused Sukhlal Mahto has already been granted regular bail by a co-ordinate Bench of this Court vide order dated 07.11.2012 in B.A. no. 7769 of 2012. The petitioner is in judicial custody since 28.12.2016 and therefore, he may be given the privilege of regular bail.

4.

Learned A.P.P. opposes the petitioner''s prayer for bail. Considering the aforesaid facts and circumstances, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Bokaro in connection with N.D.P.S. Case no. 01 (B) of 2011 arising out of Gomia P.S. Case no. 41 of 2010, subject to the condition that petitioner shall co-operate in the trial and shall be present as and when required by the court, failing which the trial court is at liberty to pass appropriate order against the petitioner in accordance with law.