Patna High CourtCR. MISC./58726/2018bail granted

Md. Barique Ahmad v. The State Of Bihar

2018-10-08Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58726 of 2018 Arising Out of P.S.Case No. -489 Year- 2018 Thana -ARARIA District- ARRARIA ====================================================== Md. Barique Ahmad, aged about 65 years, Son of Late Saidul Rahman, resident of Village- Rajokhar, Ward No. 5, P.S. Araria R.S., DistrictAraria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-10-2018 Heard learned counsels for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Special Case No.16 of 2018 arising out of Araria(R.S)P.S.Case No.489 of 2018 registered for an offence under Sections 8/20(b)(ii)(a) of the NDPS Act.

As per FIR, the police party apprehended this petitioner while carrying ganja weighing 125 grams in a plastic bag. It has been submitted that the petitioner is an old person aged about 65 years. Petitioner is in custody since 26.07.2018 having clean antecedent. The police have lodged this case in connivance with the local people who are hostile to the petitioner. The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances,

Patna High Court Cr.Misc. No.58726 of 2018 (2) dt.08-10-2018 2/2 prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Special Judge, Araria in connection with Araria (R.S.) P.S.Case No.489 of 2018 in Special Case No.16 of 2018 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T