Runni Hasan @ Rumi Hasan @ Md. Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59838 of 2018 Arising Out of PS. Case No.-400 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Runni Hasan @ Rumi Hasan @ Md. Munna, S/o Late Kamrul Hashan, resident of Village- Chandan Bakhri, P.S.- Ahiyapur, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Parasmani For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Ahiyapur P.S. Case No.400 of 2018 registered for the offence punishable under Sections 20/22 of the N.D.P.S. Act.

Informant is the Sub-Inspector of Police who is in his written complaint has stated that while he was on patrolling duty, he received a confidential information against the petitioner of selling smack from his house and when he reached there and search of his house was made then 200 small Purias containing smack, kept in polythene was seized and seizure list was prepared and a copy of the same was handed over to the petitioner.

However, in the seizure list, the weight of the seized narcotics substance has not been given. A report was called for regarding the stage of the trial but it has been stated by the trial

Patna High Court Cr.Misc. No.59838 of 2018(4) dt.04-12-2018 2/2 court that because of absence of F.S.L. report, cognizance could not be taken in this case. Charge-sheet has been submitted in this case. Petitioner has no criminal antecedent and is in custody since 23.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No.400/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(S. Kumar, J) Sanjay/- U T