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Judgment
Heard the learned counsels appearing for the parties and perused the documents on record.
Pursuant to order dated 01.07.2017 call detail records have been produced. It is an admitted position that between 3:00 p.m to 4:30 p.m no call was made from the mobile phone of co-accused Ghanshyam Sao to the present petitioner, however, Mr. Ravi Prakash, the learned A.P.P. submits that the call detail records would disclose that the petitioner was in constant touch with co-accused Ghanshyam Sao.
The petitioner is in judicial custody since 28.02.2017 and charge-sheet has already been submitted in this case. Prosecution case is that the contraband which was recovered from the possession of co-accused Ghanshyam Sao and Sunil Kumar Yadav was to be sold to the present petitioner and Binod Prasad who has been granted bail vide B.A. No. 3846 of 2017. Alleged sale of the contraband was yet to be effected and thus, the petitioner cannot be held to be in either conscious or constructive possession of the contraband.
Having regard to the facts and circumstances of the case, the petitioner-above named, namely, Madan Prasad 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, one of the bailors shall be one of the Class I legal heirs of the petitioner, to the satisfaction of the learned Principal District and Sessions Judge, Chatra in connection with Sadar P.S. Case No. 48 of 2017 corresponding to R.N.F No. 219 of 2017, on the following conditions:
(i) he shall appear during the trial regularly, (ii) he shall not change his place of residence without prior permission of the Court, and (iii) he shall report to the Officer-In-charge, Balumath Police Station between 9:00 a.m to 10:00 a.m on every Sunday. 5. The instant application is allowed. Let a copy of this order be transmitted to the trial Court through FAX.