Nanhe Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45808 of 2021 Arising Out of PS. Case No.-197 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== NANHE SHEIKH S/o MUHAMMAD ISLAM R/o VILLAGE-SOMOPUR, P.S-TARAWARA, DISTRICT-SIWAN, AT PRESENT RESIDING AT 9/c COLONY LANE, PARK STREET, CALCUTTA, WEST BENGAL. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 467, 468, 419, 274, 275, 276 and 120B of the Indian Penal Code, sections 27(2), 27(d) and 28 of the Drugs and Cosmetics Act and section 22(b) of the N.D.P.S. Act.

As per the prosecution case, 25,000 bottles of cough syrup was found in the truck in question.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He is a professional driver and was not aware of the goods loaded on the truck. He is in custody since 19.5.2021 and has no criminal

Patna High Court CR. MISC. No.45808 of 2021(2) dt.01-02-2022 2/2 antecedent.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner is a resident of outside the State of Bihar.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for more than 8 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Trial no.29 of 2021 (Kuchaikote P.S. Case no.197 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I-cum-Special Judge, N.D.P.S., Gopalganj on the following conditions: (i) one of the bailors of the petitioner shall be a close relative of the petitioner.

(ii) the other bailor of the petitioner shall be resident of a place within the jurisdiction of the learned trial court. (Partha Sarthy, J) Saurabh/- U T