Patna High CourtCR. MISC./14049/2017bail granted

Mohammad Ali v. The State Of Bihar

2017-04-11Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.14049 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14049 of 2017 Arising Out of PS.Case No. -551 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ====================================================== Mohammad Ali Son of Ahmad Ali, Resident of Mohalla-Badi Sangat, Police Station- Jehanabad, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi, Adv. For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2017 Heard both sides.

The petitioner seeks bail in Muffasil P.S. Case No. 551/2016, registered for the offences punishable under Sections 272, 274, 275, 420 and 120B of the Indian Penal Code and sections 33EEB, 33EEC and 33 Drugs and Cosmetics Act. The petitioner was arrested and from his possession some Ayurvedic medicines were recovered for which Vishnupad P.S. Case No. 191/2016 was registered. The petitioner disclosed that he took medicines from Sikandar Kumar for selling the same in the market. On such disclosure, the house of Sikandar Kumar was raided and from there huge quantity of drugs was recovered. Learned counsel for the petitioner submits that the petitioner has already made accused in Vishnupad P.S. Case No.

Patna High Court Cr.Misc. No.14049 of 2017 (2) dt.11-04-2017 191/2016, in which medicines and other materials were recovered, but in connection with the present case, there was no recovery from the possession of the petitioner. The petitioner simply disclosed that he used to sell the medicines after taking the medicines from Sikandar Kumar and for that the petitioner is in jail since 28.12.2016.

Considering the facts aforesaid, the petitioner abovenamed, 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 Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 551/2016. (Prabhat Kumar Jha, J.) Vinita/- U T