Md Sakib v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40892 of 2021 Arising Out of PS. Case No.-65 Year-2021 Thana- BAISI District- Purnia ====================================================== MD SAKIB Son of Late Chiku Resident of Village Javar Ward Number 9 Police Station Bassi District - Purnia.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikram Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 27.02.2021, seeks regular bail in connection with Bassi P.S. Case No. 65 of 2021(Special Case No. 13 of 2021) registered for offences punishable under Sections 8/20b(ii)c/25 of the N.D.P.S. Act. Prosecution story in brief is that on receiving secret information the shop of the petitioner was raided by the police officials and 2.500 kgs of contraband Ganja was recovered from a polythene kept inside the mustard oil tin.
Learned counsel appearing on behalf of the petitioner submits that seized Ganja is just more than the minimum
Patna High Court CR. MISC. No.40892 of 2021(5) dt.30-03-2022 2/3 quantity and much less than the commercial quantity. Petitioner is in custody since 27.02.2021 and has clean antecedent and as such seeks direction of this court to be released on bail on any condition imposed by this Court.
Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.
Considering the period of custody and the contraband Ganja recovered is less than commercial quantity, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge NDPS Act in connection with Bassi P.S. Case No. 65 of 2021(Special Case No. 13 of 2021) subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.40892 of 2021(5) dt.30-03-2022 3/3 to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(Purnendu Singh, J) Niraj/- U T