Md. Karim @ Karim @ Karia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15306 of 2020 Arising Out of PS. Case No.-70 Year-2019 Thana- AMAUR District- Purnia ====================================================== MD. KARIM @ KARIM @ KARIA, aged 32 years, Male, Son of Md. Azim Resident of Belka, P.S.- Amour, District- Purnea. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mrs.Kumari Ritambhara, Advocate.

For the Opposite Party :

Mrs.Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 8, 20 (b) (c), 21(b), 25 of the N.D.P.S. Act and Sections 18 (C), 27(b) (ii) of the Drugs and Cosmetics Act.

The prosecution story, in brief, is that on 30.05.2019 the informant alongwith other police personnels on secret information raided the house of Md. Shamim, Md. Rauf, Md. Nasim and Karim @ Kariya and apprehended Niraj Kumar Mandal, Shamsher Ali and Umesh Mandal. The police also recovered contraband Ganja and other articles from Md. Shamim, Niraj Kumar Mandal, Umesh Kumar Mandal, Md. Shamim. The apprehended accused persons disclosed that they

Patna High Court CR. MISC. No.15306 of 2020(2) dt.04-03-2020 2/3 with accused Md. Rafique, Md. Rauf, md. Nasim @ Guddu and Md. Karim @ Kariya (petitioner) do business of contraband Ganja. On their disclosure, the police also recovered huge quantity of contraband Ganja and syrup kept behind the house of Md. Umar and Md. Nasim and also from two cars standing on the Darwaja of Md. Nasim @ Guddu.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 18.01.2020. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. As per the F.I.R. there is no recovery of any contraband from possession of the petitioner. The petitioner has been made accused in the present case due to mistake of fact. Other co accused have been granted bail by another Co-ordinate Benches of this Court vide Cr. Misc. No. 52215 of 2019 under order dated 20.11.2019, Cr.Misc. No. 73355 of 2019 under order dated 19.11.2019, Cr. Misc. No. 53645 of 2019 under order dated 30.08.2019 and Cr. Misc. No. 62403 of 2019 under order dated 16.10.2019.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Patna High Court CR. MISC. No.15306 of 2020(2) dt.04-03-2020 3/3 Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd A.D.J.- cum-Special Judge, N.D.P.S. Purnea in connection with Suppl. Special Case No. 15 of 2019, CIS No. 15 of 2019 (arising out of Amaur P.S. Case No. 70 of 2019).

(Sudhir Singh, J) U.K./- U T