Hamid Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21286 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- JOKIHAT District- Araria ====================================================== HAMID SHEKH Son of Jajimuddin Resident of Village - Khitaber Kuti Ward No.01, P.s.- Dinhata, Distt.- Kuch Bihar (West Bengal) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through the Director General, Narcotic Control Bureau, New Delhi. Govt. of India.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2021 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Special Case No. 01 of 2020 corresponding to Jokihat P.S. Case No. 18 of 2020 registered for the offence under Section 20 / 22 / 23 of the N.D.P.S. Act.

This is second attempt for bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this court in Cr. Misc. No. 23942 of 2020 with liberty to the petitioner to renew his prayer for regular bail afresh after three months.

Patna High Court CR. MISC. No.21286 of 2021(2) dt.07-07-2021 2/3 The prosecution case is that Police recovered 2 K.G. of 'Ganja' from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and psychotropic substance which has been recovered from the possession of the petitioner does not come under commercial quantity. Learned counsel next submits that petitioner has got no criminal antecedent and he is in custody since 20.1.2020. Learned counsel next submits that charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail. Having heard learned counsel for the parties and taking into consideration the materials available on record, the fact that this is second attempt for bail on behalf of the petitioner and 'Ganja' recovered from his possession is not commercial quantity, he is in custody since 20.01.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria in

Patna High Court CR. MISC. No.21286 of 2021(2) dt.07-07-2021 3/3 connection with Special Case No. 01 of 2020 corresponding to Jokihat P.S. Case No. 18 of 2020 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T