Moharam Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23991 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MOHARAM ALI, Male, aged about 26 years, Son of Md. Aiyub, Resident of Bhanera Udda, P.S.- Bhavan Town, District- Shamli (Uttar Pradesh) ... Petitioner

Versus

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

For the Petitioner :

Mr. N.K. Agrawal, Sr. Adv. with M/s Saket Tiwary & Saket Gupta, Advs.

For the Opposite Party :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner petitioner seeks bail in connection with NDPS Case No. 1 of 2019 arising out of Begusarai Nagar P.S. Case No. 2 of 2019 for the offences alleged under Sections 8, 20(b)(II)(B) and 22 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case, as lodged by the police personnel, is that on secret information that some persons are dealing in ganja, the police started vehicle checking. A vehicle was intercepted and the petitioner along with two others were apprehended. On search, 1.30 Kg ganja was recovered under the seat of the vehicle. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. He submits that one of the co-accused, apprehended along with the petitioner, has been granted the privilege of bail by a coordinate

Patna High Court CR. MISC. No.23991 of 2019(2) dt.16-04-2019 2/2 Bench of this Court in Cr. Misc. No. 18141 of 2019, dated 02.04.2019, and that it was a small quantity recovered which was not for commercial trade.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and that one of the co-accused have been granted the privilege of bail, coupled with the fact that that the petitioner does not bear a criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with NDPS Case No. 1 of 2019 arising out of Begusarai Nagar P.S. Case No. 2 of 2019 to the satisfaction of the learned Special Judge NDPS Act-cumSessions Judge, Begusarai, or the successor Court subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Shamshad/- U T