Safiur Rahman Khan @ Shafidur Rahman Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16703 of 2015 Arising Out of PS.Case No. -102 Year- 2005 Thana -ASHOK PAPER MILL DistrictDARBHANGA ====================================================== Safiur Rahman Khan @ Shafidur Rahman Khan, Son of Late Subhan Khan, resident of village- Ratanpura, Rameshwar Nagar, P.S- Ashok Paper Mill, District- Darbhanga .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mrs. Veena Kri.Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 14-07-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25 (1-A), (1-B)a, 26 (2) of the Arms Act and Section 20 of N.D.P.S. Act.

The allegation is that during investigation of Ashok Paper Mill P.S. Case No.101/2005 under Section 396 of the Indian Penal Code, the house of the petitioner was raided and a country made pistol, one live cartridge, 1 Kg. 250 gm. Ganja and other materials were recovered from the house of the petitioner. It is submitted that at the time of making search, the petitioner was not in his house and those articles have not been recovered from the conscious possession of the petitioner. The recovered Ganja comes within the purview of small quantity. The

Patna High Court Cr.Misc. No.16703 of 2015 (4) dt.14-07-2015 2/2 petitioner is in custody since 7.01.2015.

The learned counsel for the State submits that the petitioner has been absconding since a long time. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, N.D.P.S. Act, Darbhanga in G.O. No. 11/2009 arising out of Ashok Paper Mill P.S. Case No.102/2005 after framing of charge with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T