Patna High CourtCR. MISC./40227/2021bail granted

Md Saddam v. The State Of Bihar

2021-09-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40227 of 2021 Arising Out of PS. Case No.-412 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Md Saddam S/o Md. Abdul Kudus @ Abdul Khuddush R/o Village - Jadhua Bag Tola, P.S. - Town Hajipur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Hajipur Sadar P.S. Case No. 412 of 2020, registered for the offence punishable under Sections 8/20(b)(ii)A/25/29 of the NDPS Act.

Earlier the bail application of petitioner was rejected vide order dated 16.03.2021. Vide order dated 11.08.2021, report was called for regarding the stage of trial and same has been received (kept at flag 'A'), which reveals that charge has already been framed on 22.09.2020 and case is at the stage of Evidence. Petitioner is in custody since 20.07.2020. Considering the period of custody and stage of trial and the fact that less than commercial quantity of Charas has been recovered from possession of petitioner, the petitioner

Patna High Court CR. MISC. No.40227 of 2021(3) dt.22-09-2021 2/2 above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 412 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T