Rauf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46265 of 2025 Arising Out of PS. Case No.-160 Year-2025 Thana- PALASI District- Araria ====================================================== Rauf S/o Late Wahid Ali @ Late Vahid Ali R/o Village- Artiya Ward No. 06 Simariya Tola, P.S.- Jokihat, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-07-2025 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Palasi P.S. Case No. 160 of 2025 for the offence punishable under sections 8C, 20(b)(ii)(B) of the NDPS.
3. As per the prosecution story, the informant alleged that upon information of presence of a scooty near the furniture shop, place was raided. Those who tried to escape were apprehended. They were Rauf (the petitioner) and Sabbir. Upon search from the shop, on a bag, 2 kg ganja recovered/seized, which led to the arrest.
4. Learned counsel for the petitioner submits that furniture shop belongs to Sabbir, he has no relationship with Sabbir, was there as a customer, got arrested. He has no criminal
Patna High Court CR. MISC. No.46265 of 2025(2) dt.30-07-2025 2/3 antecedent and is in custody since 25.04.2025.
5. Learned APP opposes the prayer for bail submitting that he tried to escape but was apprehended.
6. Considering the submissions of the parties as also the categorical statement that he does not own the shop nor has criminal antecedent, is in custody since 25.04.2025, the ganja recovered/seized is below the commercial quantity, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge cum Special Judge NDPS Act, Araria in connection with Palasi P.S. Case No. 160 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.46265 of 2025(2) dt.30-07-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T