Mofizuddin Shek v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70614 of 2018 Arising Out of PS. Case No.-2 Year-2017 Thana- D.R.I District- Patna ====================================================== Mofizuddin Shek Son of Manjur Sekh resident of Village- Nabi Nagar P.S. Pakur District Pakur Jharkhand.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India through Intelligence Officer, Directorate of Revenue Intelligence, PSRU, Purnea.

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

For the Petitioner/s :

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

Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Special Case No. 07 of 2017 giving rise to DRI Case No. 02 of 2017 registered for the offence punishable under Sections 22, 23 and 25 of the NDPS Act.

Allegation is of recovery of 978 gram of Methaqualone Powder in 10 silver color packet. It has been submitted on behalf of the petitioner that out of three accused apprehended by the Directorate of Revenue and Intelligence on specific information received by them that two co-accused Yakendra Ali and Babloo who were apprehended by the Bureau along with petitioner were granted regular bail vide order dated 04.10.2018 in Criminal

Patna High Court Cr.Misc. No.70614 of 2018(2) dt.10-12-2018 2/2 Miscellaneous No. 52200 of 2018. Petitioner has got no criminal antecedent and is in custody since 14.11.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge cum Special Judge (NDPS) Act, Kishanganj, in connection with Special Case No. 07 of 2017 giving rise to DRI Case No. 02 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U