Patna High CourtCR. MISC./44733/2017bail granted

Faiyaz Ansari v. The State Of Bihar

2017-11-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44733 of 2017 Arising Out of PS.Case No. -533 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Faiyaz Ansari Son of Late Sharfuddin Mian, R/o Village- Amaithia, P.S.- Jogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Shikarpur P.S.Cae no.533 of 2016 registered for offences punishable under Sections 20 and 22 of the NDPS Act.. Allegation against the petitioner and one co-accused is of recovery of 02 kg. ganja from two plastic packets from them. Submission of the learned counsel for the petitioner is that as per FIR recovery is from co-accused and not from the possession of the petitioner. The petitioner has no criminal antecedent and he is in custody for about 11 months. Heard learned A.P.P. also.

Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, be

Patna High Court Cr.Misc. No.44733 of 2017 (3) dt.06-11-2017 2/2 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 learned 2nd Additional Sessions Judge, West Champaran at Bettiah in connection with Shikarpur P.S.Case No.533 of 2016.

With following conditions :

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

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

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T