Mumtaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32658 of 2024 Arising Out of PS. Case No.-579 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Mumtaj Alam Son of Kamruddin Ansari Resident Of Village- Khpro, P.S.- Ranka, District- Gadhwa (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the State :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 07.11.2023 in Cr. Misc. No. 71438 of 2023.

3. The petitioner seeks bail in connection with Excise P.S. Case No. 579 of 2023 registered for the offence punishable under Sections 20(b) and 22 of the N.D.P.S. Act.

4. The recovery is of 12 Kgs. of ganja from the petitioner who is in custody since 22.07.2023 having clean antecedent.

Patna High Court CR. MISC. No.32658 of 2024(2) dt.21-06-2024 2/3

5. Learned counsel for the petitioner submits that the trial has not started and only charges have been framed.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

7. Considering the aforesaid, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (N.D.P.S.)- cum-1st Additional District and Sessions Judge, Aurangabad (Bihar), District-Aurangabad in connection with Aurangabad Excise Case No. 579 of 2023.

9. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

10. The petitioner will also mark attendance in Ranka Police Station in the district of Gadhwa (Jharkhand) on the first and third Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds

Patna High Court CR. MISC. No.32658 of 2024(2) dt.21-06-2024 3/3 of the petitioner.

11. Let a copy of this order be communicated to the Superintendent of Police, Gadhwa, Jharkhand forthwith through FAX or e-mail for its compliance.

(Sandeep Kumar, J) P. Kumar U T