Patna High CourtCR. MISC./36807/2021bail granted

Moor Salim v. The State Of Bihar

2021-09-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36807 of 2021 Arising Out of PS. Case No.-53 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== Moor Salim, gender-male, aged about 35 years, Son of Abdul Rahman Resident of Village - Imlitola Sanjha, P.S.- Mansahi, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarveshwar Tiwary, Adv.

For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner hereby has filed undertaking that all the defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of efiling shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioner has renewed his prayer for bail in connection with Special Case No. 2/2020/C.I.S. No. 02/2020 arising out of Purnea Sadar P.S. Case No. 53/2020, having earlier been rejected by the order dated 04.01.2021 in Criminal Miscellaneous No. 32130 of 2020 for the alleged offences alleged under Sections 8/21/22 of the N.D.P.S. Act.

3. Learned counsel for the petitioner submits that in a subsequent development, co-accused namely Shaifuddin @

Patna High Court CR. MISC. No.36807 of 2021(2) dt.01-09-2021 2/2 Saifuddin has been granted bail by this Court vide order dated 24.08.2021 passed in Cr. Misc. No. 8785 of 2021 (Annexure-3) from whose possession 190 gms. of brown sugar was allegedly recovered. It is, therefore, submitted that the petitioner's case stands on a better footing as only 100 gms. of brown sugar was allegedly recovered from him.

4. Be that as it may, and having regard to the period of custody already suffered since 4.2.2020, let the petitioner above named 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 learned Sessions Judge cum Special Judge, N.D.P.S. Act, Purnea in connection with Special Case No. 02 of 2020, arising out of Purnea Sadar P.S. Case No. 53 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) rishi/- U T