Md. Wasim Rayeen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24477 of 2022 Arising Out of PS. Case No.-543 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Md. Wasim Rayeen Son Of Idris Miya R/O Mohalla- Mohania Stuwarganj, Ward No.- 7, P.S.- Mohania, District- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mohania P.S. Case No. 543 of 2021 lodged under Sections 8(C), 21(a) (b), 27 (A) of the N.D.P.S. Act.

As per the prosecution case, the seizure list indicates that total 2.570 gm. of smack/ heroin was alleged to be recovered from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner in a man of clean antecedent and the quantity recovered from the possession of petitioner is less than the small quantity. He further submits that petitioner is in custody since

Patna High Court CR. MISC. No.24477 of 2022(2) dt.18-08-2022 2/3 21.11.2021. He further submits that chargesheet has already been filed in this case and the recovered material is less than the small quantity.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above including clean antecedent and the period of custody, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special, Kaimur at Bhabua in connection with Mohania P.S. Case No. 543 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

Patna High Court CR. MISC. No.24477 of 2022(2) dt.18-08-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T