Md. Safi Alam @ Soni Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2290 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- TATARPUR District- Bhagalpur ====================================================== Md. Safi Alam @ Soni Mistri Son of Rauf Alam @ Rahub Alam Resident of Mohalla-Mojahidpur, Purab Tola, Police Station-Mojahidpur, DistrictBhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N K Agrawal, Sr. Advocate Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Tatarpur (University) PS Case No. 95 of 2018 for the alleged offence under Sections 8/20(B) (ii)(c), 25/29 of the NDPS Act.

Learned Senior counsel representing the petitioner submits that the petitioner has no criminal antecedent. He further submits that in the instant case petitioner has been roped simply because he runs a repairing shop and the vehicle carrying ganja was under repair in his garage Mithila Motor Workshop. Learned Senior Counsel also submits that petitioner is neither

Patna High Court Cr.Misc. No.2290 of 2019(2) dt.17-01-2019 2/2 owner of the vehicle nor in any way connected with the illegal activities of carrying ganja. Only because the vehicle was under repair at this workshop, he has been made accused in the instant case having no criminal antecedent. Petitioner is in custody since 11.05.2018.

Considering the totality of the fact situation, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. District and Sessions Judge II, Bhagalpur in connection with Tatarpur (University) PS Case No. 95 of 2018 subject to the condition that bailors should be local residents having sufficient immovable property. (Anil Kumar Upadhyay, J) mrl./- U T