Mahboob Alam @ Mehboob Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38076 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- INARWA District- West Champaran ====================================================== Mahboob Alam @ Mehboob Alam son of Late Aarif Dewan Village- Jankitola Ps- Jankitola Distt- Parsa Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Inarwa P.S. Case No.25 of 2024, lodged on 16.03.2024, under Sections 8/20(b)(ii)/23(b)/29 of the N.D.P.S. Act.
3. As per the prosecution, the F.I.R. has been lodged against the present petitioner against whom the allegation is that he has been caught with a bag containing Ganja weighing 10 Kg.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner is in custody since 17.03.2024 having no criminal antecedent. Counsel submits that recovery of 10 Kg. Ganja has been made which is more than small quantity
Patna High Court CR. MISC. No.38076 of 2024(2) dt.27-05-2024 2/3 and less than commercial quantity.
5. Learned counsel for the State opposes the prayer for bail and submits that 10 Kg. of Ganja has been recovered from the possession of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, (N.D.P.S.), West Champaran, Bettiah, in connection with Inarwa P.S. Case No.25 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned
Patna High Court CR. MISC. No.38076 of 2024(2) dt.27-05-2024 3/3 police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T