Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18950 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Imran, Son of Suleman, resident of Village- Sonagardh Ward No. 18, Police Station- Tarabari, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Araria (Bairgachhi) P.S.Case No.77 of 2017 registered for offences punishable under Sections 272 and 273 of the Indian Penal Code. Allegation against the petitioner is about recovery of 20 bottles of 100 ml. each cough syrup having codeine from the possession of the petitioner.

It is submitted on behalf of the petitioner that it is smaller quantity of codeine as prescribed in the N.D.P.S. Act. It is further submitted that the petitioner has no criminal antecedent and he has remained in custody for about 2 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the

Patna High Court Cr.Misc. No.18950 of 2017 (2) dt.02-05-2017 2/2 petitioner has no criminal antecedent and only 20 bottles of cough syrup of 100 ml. each having codeine have been recovered, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Araria in connection with Araria (Bairgachhi) P.S.Case No.77 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U