Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13056 of 2020 Arising Out of PS. Case No.-170 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Md. Shamim Son of Md. Jabbar Resident of Barepura Ahmad Ali Lane, P.S.- Jagdishpur, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-10-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 20(b) of the N.D.P.S. Act. Allegation is that the petitioner is driver of the vehicle on which 85 Kg of Ganja was recovered.

Learned counsel for the petitioner submits that recovery has been made by the Sub-Inspector of Excise and prosecution report has been submitted without investigation of the case.

Considering the aforesaid infirmity in the prosecution

Patna High Court CR. MISC. No.13056 of 2020(3) dt.21-10-2020 2/2 case and statement of the petitioner on oath that he has got no criminal antecedent and he is in custody since 10.05.2018 as well as considering the doubt that the petitioner has committed the offence in view of the aforesaid lapses in the prosecution case for the purpose of consideration of this prayer for bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with N.D.P.S. Case No.14 of 2018, arising out of Excise Case No.170 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T