Patna High CourtCR. MISC./24689/2015bail granted

Md. Zakir Hussain v. The State Of Bihar

2015-07-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24689 of 2015 Arising Out of PS.Case No. -14 Year- 2005 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Zakir Hussain S/o Late Monaf Bihari Resident of Village Basmatia, Narpatganj, P.S. Narpatganj, District Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate Ms. Tulika Singh, Advocate For the Opposite Party/s : Mrs. Anuradha Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2015 Heard both sides.

The petitioner seeks bail in a case under Section 22, 23, 24 of the N.D.P.S. Act.

The case was registered against unknown for the recovery of 13 kg. of Charas from the roof of the bus. The seizure list was prepared and the driver and conductor of the bus disclosed that nobody came to claim the bags containing ladies sandals. It transpired that the seizure was made on 11.01.2005 but the FIR was registered on 15.01.2005. During the course of investigation the same driver and conductor of the bus disclosed that the petitioner had kept the bag of shoes from which Charas was recovered but the driver and conductor of the bus made their statement under section 164 of the Cr. P. C. and disclosed that

Patna High Court Cr.Misc. No.24689 of 2015 (2) dt.17-07-2015 2/2 they had not seen anybody keeping the bag. The petitioner is in jail since 22.04.2015.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged 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 learned 1st Additional Sessions Judgecum-Special judge, Araria in Special case No. 02/05 arising out of Narpatganj (Basmatia) P.S. Case No. 14/2005.

(Prabhat Kumar Jha, J) BKS/- U T