Hakim Mian @ Md Hakim Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18825 of 2021 Arising Out of PS. Case No.-208 Year-2020 Thana- KARPI District- Jehanabad ====================================================== HAKIM MIAN @ MD HAKIM MIAN S/o Late Hanif Mian R/o villageKarpi, P.S.- Karpi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Karpi P.S. Case No. 208 of 2020 (NDPS Case No. 11/2020), registered for the offence punishable under Sections 8, 20 (b)(ii)(A) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 250 gms of Ganja has been recovered from the shop of this petitioner.

It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. The alleged recovered Ganja is less than small quantity, as such rigorous of Section 37 of the NDPS Act, would not be attracted.

Patna High Court CR. MISC. No.18825 of 2021(3) dt.19-07-2021 2/2 Petitioner is having clean antecedent and he is in custody since 06.10.2020.

Considering the quantity of recovered Ganja and clean antecedent of the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge III, Jehanabad in connection with Karpi P.S. Case No. 208 of 2020 (NDPS Case No. 11/2020), subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T