Md. Shamim @ Debra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20825 of 2020 Arising Out of PS. Case No.-53 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== MD. SHAMIM @ DEBRA Son of Md. Halim @ Baktu Mian Resident of Village - Sipahpur, P.S.- Ahiyapur, District - Muzaffarpur. ... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Ravi Ranjan, Advocate.
For the State :
Mr. Umeshanand Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-12-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application, through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 18.06.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.
Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Ahiyapur P.S. Case No.53 of 2020 registered under Sections 400, 401, 402 and 414/34 of the Indian Penal Code besides Sections 20/22 of the NDPS Act.
Patna High Court CR. MISC. No.20825 of 2020(3) dt.01-12-2020 2/3 The accusation is that in course of patrolling duty, the informant along with other police personnel received information about gathering of some miscreants with three motorcycles near Sonali Hospital. Thereafter, the informant along with other police personnel reached there and saw some persons present near three motorcycles. On seeing the police party, all persons started to flee away from there but they were apprehended, who disclosed their name as Raju Pandey, Md. Shamim (petitioner), Md. Dilshad, Md. Meraj, Pankaj Kumar, Rajeev Kumar and Md. Kalam. On search, the petitioner was found in a possession of one Pulser Motorcycle having no Registration Number from which one kilogram Ganja was recovered.
Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is the owner of the seized Pulser Motorcycle and, on mere suspicion, he has been apprehended by the police in this case showing the recovery of one kilogram Ganja from his Pulser Motorcycle. The petitioner is in custody since 15.01.2020.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten
Patna High Court CR. MISC. No.20825 of 2020(3) dt.01-12-2020 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge-cum-Special Judge, Muzaffarpur, in connection with Ahiyapur P.S. Case No.53 of 2020. Out of the two sureties, one must be either parents of the close relative of the petitioner.
(Rajendra Kumar Mishra, J) P.S./- U T