Tabarak Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9451 of 2016 Arising Out of PS.Case No. -447 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Tabarak Miyan son of Late Basir Miyan, resident of Village-Lalu Nagar, P.S.-Bettiah, Mufassil, District-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivjee Singh For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2016 Petitioner is languishing in custody since 10.09.2015 in a case registered for the offences punishable under Sections 18, 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

On secret information that ganja is being transported through a bus, the bus was intercepted when five persons were seen with black colour bag when one person after throwing the bag escaped from the scene while four persons were apprehended namely Umesh Sah, Santosh Sah, Amardeo Sah and Raj Kumar Choubey. Subsequently, one bag which was thrown by the co-accused was also recovered and from each bag 4 Kgs of ganja were recovered. Subsequently the person who escaped from the scene was identified as the petitioner Tabarak Miyan.

It is submitted by learned counsel for the petitioner that investigation has already concluded. Moreover

Patna High Court Cr.Misc. No.9451 of 2016 (2) dt.25-02-2016 2/2 the petitioner has no criminal antecedent. A statement to that effect has been made in para 3 of the petition which reads as follows:- "That the petitioner has got no criminal antecedent"

Considering the recovery between small and commercial quantity and petitioner having no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Bettiah, West Champaran in connection with Trial No. 5 of 2016, arising out of Bettiah Mufassil P.S. Case No. 447 of 2015.

(Dinesh Kumar Singh, J) Shageer/- U T