Md Alam Alias Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39689 of 2020 Arising Out of PS. Case No.-47 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== Md Alam alias Alam son of Mohammad Rabbar alias RAbban resident of village- Basti, Line Khanka, P.s.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Pravesh Kumar, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2021 Heard Mr. Ram Pravesh Kumar, learned Advocate for the petitioner and Mr. Umeshanand Pandit, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kishanganj P.S. Case No. 47 of 2019, giving rise to Special Case No. 03(A)/2019 dated 27.01.2019 instituted for the offences under Sections 27 and 29 of the Narcotics Drugs and Psychotropic Substances Act.

On secret information that narcotics is being to sold to people in general, a raid was conducted in which one Imtiyaz is said to have been arrested with possession of 1.400 grams of Smack. Aforesaid Imtiyaz is said to have disclosed the name of the petitioner and others.

Patna High Court CR. MISC. No.39689 of 2020(2) dt.08-12-2021 2/2 Learned counsel for the petitioner has submitted that confession of an arrested accused person is of no evidentiary value. Beyond such confession of Imtiyaz, there is no other material to connect the petitioner with the offence.

The petitioner does not have criminal antecedents.

Considering the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 47 of 2019, giving rise to Special Case No. 03(A)/2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T