Karmullah @ Kaillimullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2325 of 2016 Arising Out of PS.Case No. -102 Year- 2010 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Karmullah @ Kaillimullah Son of late Sheikh Tajamul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Ashok Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 29.06.2015 in a case registered for the offences punishable under sections 20(b)/22/23/24 of The Narcotic Drugs and Psychotropic Substances act, 1985.

On 11.09.2010, on secret information that miscreants are bringing narcotics from Nepal one Baidyanath Yadav was apprehended from whom 12 kgs 'ganja' were recovered, who suggested that he was only working as a carrier on payment of Rs.400/- and the contraband belonging to Nurulhuda, Hasamuddin and the petitioner.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.2325 of 2016 (4) dt.10-02-2016 2/2 that co-accused Baidyanath Yadav, from whom the recovery has been made, has been granted regular bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No.9830/2011. The recovery has not been made from the petitioner and except confession of co-accused Baidyanath Yadav, nothing has been collected against the petitioner. Moreover, investigation has already concluded. Though the petitioner is accused in three other cases and he has been granted bail in two cases out of the three cases. A statement to that effect has been made in paragraph 2 of the supplementary affidavit.

Considering the aforesaid fact, let the above named petitioner 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 1st Additional Sessions Judge, East Champaran at Motihari, in connection with N.D.P.S. Case No.17 of 2011 arising out of Palnava P.S. Case No.102 of 2010. (Dinesh Kumar Singh, J) Ashwini/- U T