Asif Azad @ Chhotu @ Md. Asif Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17266 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== Asif Azad @ Chhotu @ Md. Asif Azad, Son of Late Maslehuddin Resident of Village- Pani bagh (Near Panibagh Hatia Chowk), P.S. and DistrictKishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 27 and 29 of the N.D.P.S. Act.

The prosecution case, as per the self statement of Md. Aftab Ahmad, Inspector of Police-cum-S.H.O. of Kishanganj Police Station recorded on 08.06.2018, is to the effect that on the same day at about 5 P.M., on secret information, five persons were intercepted. On search being made, from apprehended co-accused, Md. Saheb Alam, four sachets of

Patna High Court CR. MISC. No.17266 of 2019(2) dt.26-03-2019 2/3 smack were recovered. The apprehended co-accused persons disclosed the name of the petitioner as the person who supplied them smack.

It is submitted by learned counsel for the petitioner that admittedly, no recovery has been made from the conscious physical possession of the petitioner and he was not apprehended from the spot. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up on the confession of apprehended co-accused persons. Considering the fact that no recovery has been made from the conscious physical possession of the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, N.D.P.S. Act, Kishanganj in connection with Special Case No. 11 of 2018, arising out of Kishanganj P.S.

Patna High Court CR. MISC. No.17266 of 2019(2) dt.26-03-2019 3/3 Case No. 384 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T