Abdul Lipan @ Ripan @ Abdul Lipan Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41574 of 2019 Arising Out of PS. Case No.-20 Year-2017 Thana- KATIHAR GRP CASE District- Katihar ====================================================== Abdul Lipan @ Ripan @ Abdul Lipan Mian Son Of Md. Salauddin Miyan @ Taslim Uddin Miya Resident Of Village - Kumarganj, P.S.- Sahebganj, Dist.- Cooch Behar (West Bengal) ... Petitioner

Versus

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

For the Petitioner :

Mr.Nafisuzzoha, Advocate For the Opposite Party :

Mr.Nawal Kishore Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner apprehends his arrest in a case registered for the offence punishable under sections8/20/22 of the NDPS Act.

It is alleged that 18 kilograms Ganja was recovered from below the seat of two persons travelling in a train. They disclosed that the aforesaid consignment was being transported to the petitioner.

Learned counsel for the petitioner submits that the petitioner's name has been transpired on the confessional statement of co-accused, nothing has been recovered from the possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner has got no criminal antecedent. Petitioner is serving as a constable in West Bengal police.

Patna High Court CR. MISC. No.41574 of 2019(4) dt.16-11-2019 2/2 Further, no case under the NDPS Act is made out against him. In view of the facts and circumstances of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 the Additional Sessions Judge VI, Katihar in Katihar Rail Police Station Case No. 20 of 2017, GR No. 28 of 2017 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T