Mustafa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55764 of 2021 Arising Out of PS. Case No.-161 Year-2021 Thana- RANIGANJ District- Araria ====================================================== MUSTAFA SON OF MD. SULEMAN, R/O VILLAGE- MIRZAPUR SONARPATTI, W. No.2, P.S.- SIMRAHA, DISTRICT- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha, Advocate For the Opposite Party/s :

Mr.App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-03-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 21 and 25 of the Narcotic Drugs And Psychotropic Substances Act.

Allegation is recovery of 75 litres 400 ml. of cough syrup from a car in which two persons including the petitioner were sitting.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It is further submitted that petitioner has no concern and connection with the alleged seized car and cough syrup as the co-accused, Mithilesh Kr. Sah is driver and owner of the aforesaid car. Petitioner has no criminal antecedent and he is in custody since 13.06.2021.

Patna High Court CR. MISC. No.55764 of 2021(2) dt.29-03-2022 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Raniganj P.S. Case No. 161 of 2021 corresponding to Special Case No.17/2021, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by 21,25the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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