Md. Jamshed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10897 of 2024 Arising Out of PS. Case No.-342 Year-2023 Thana- KORHA District- Katihar ====================================================== Md. Jamshed S/O- Md. Siddik @ Md. Saddo R/O- Gerabari Basti, P.S.- Korha, Distt.- Katihar.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Korha P.S. Case No.342 of 2023, lodged on 01.09.2023, under Sections 8/20/22 of the N.D.P.S. Act.
3. As per prosecution, FIR has been lodged against four named accused persons including the petitioner and different quantity of smack has been recovered from the possession of different accused persons. From petitioner's possession 1.65 grams of smack has been recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 02.09.2023 having no criminal
Patna High Court CR. MISC. No.10897 of 2024(2) dt.22-02-2024 2/3 antecedent. Counsel submits that the amount recovered is below small quantity. Counsel submits that in future he shall not commit such type of crime and ready to fulfill all the conditions imposed by the Court.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar, in connection with Korha P.S. Case No.342 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned
Patna High Court CR. MISC. No.10897 of 2024(2) dt.22-02-2024 3/3 police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T