Taslim @ Arif @ Guddu Mukhia @ Taslim Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11268 of 2020 Arising Out of PS. Case No.-150 Year-2019 Thana- AMAS District- Gaya ====================================================== Taslim @ Arif @ Guddu Mukhia @ Taslim Arif, aged about 35 years, male, Son of Badruddin @ Badadin Alee, Resident of Village - Garhani, P.S.- Charpokhari, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.K. Shahi, Sr. Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-03-2020 The petitioner seeks bail in connection with NDPS Case No. 3/19/53/19 arising out of Amas P.S. Case No. 150 of 2019, dated 01.08.2019, instituted for the offences under Sections 8, 20(b)(ii)(c) and 29 of the Narcotic Drugus and Psychotropic Substances Act, 1985.

It appears from the prosecution version that two persons were arrested with 120 kilograms of Ganja. One of them disclosed the name of one Rohit Kumar who was

Patna High Court CR. MISC. No.11268 of 2020(2) dt.02-03-2020 2/3 arrested and on his confession, three other persons were made accused in this case. All the arrested persons gave a disclosure before the police that the consignment of narcotics was ultimately to be delivered to the petitioner. Learned counsel for the petitioner submits that every allegation in the prosecution case being accepted, it would at best be a case based on the confession of a coaccused person. The additional argument is that one of the accused persons of this case, viz., Rahul Kumar has been granted bail by a Bench of this Court vide order dated 06.12.2019 passed in Cr. Misc. No. 80163 of 2019. It has further been stated that there is no recovery from the possession of the petitioner.

The petitioner is in custody since 02.08.2019. The earlier involvement of the petitioner in a case of similar nature has ended in acquittal, which fact gets reflected from paragraph 3 of the bail petition.

Considering the aforestated facts, the petitioner above-named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.11268 of 2020(2) dt.02-03-2020 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-IV, Gaya in connection with NDPS Case No. 3/19/53/19 arising out of Amas P.S. Case No. 150 of 2019, subject to the condition that one of the bailors will be a close relative of the petitioner.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- Gaurav/- U T