Patna High CourtCR. MISC./60608/2017bail granted

Imran Ansari v. The State Of Bihar

2018-04-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60608 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Imran Ansari, S/o Mahbub Ali, Resident of New Tetariya, P.S.- Nararikala Khurd, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. P. K. Sahi, Sr. Advocate Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 8/17(C)/18(C) of the N.D.P.S. Act.

The petitioner was driver of the vehicle from which the police seized six bags of powder suspected to be opium. Submission of the learned counsel for the petitioner is that the report of the forensic examination would reveal that the sample was Celphos used as a grain preservative and is highly poisonous.

Submission is that after chemical examination it is well established that the seized articles were neither narcotics nor

Patna High Court Cr.Misc. No.60608 of 2017 (5) dt.18-04-2018 P2/ a psychotropic substance. The petitioner has got no criminal antecedent. He is in custody since 20.07.2017. He is ready to cooperate with the trial. Investigation of the case is already complete.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Aurangabad Muffasil P.S. Case No.122 of 2017, with condition that both the bailors shall be resident of territorial jurisdiction of the Court-below and the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T