Munna Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20416 of 2016 Arising Out of PS.Case No. -383 Year- 2012 Thana -GARDANIBAGH District- PATNA ====================================================== Munna Alam, S/o - Mustafa Mian, Resident of village- Chapkaiya, P.S.- Chapkaiya, District- Parsa (Nepal).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Gardanibagh P.S. Case No. 383 of 2012, registered under Section 414 of the Indian Penal Code and under Section 21 and 22 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was rejected on second occasion on 12.11.2014 vide Criminal Miscellaneous No. 37536 of 2014. The petitioner is the driver of the vehicle from whom the alleged one quintal of Ganja was said to be recovered. Further submission is that co-accused Md. Shamshad was also found in the said vehicle has been granted bail by this Court vide Criminal Miscellaneous No.16625 of 2016, dated 20.04.2016 taking into consideration the facts that in spite of direction of this

Patna High Court Cr.Misc. No.20416 of 2016 (2) dt.11-05-2016 2/2 Court uptill now only one witness has been examined. Further submission is that petitioner has no criminal antecedent is in custody since 11.12.2012.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-VII, Patna in connection with Special Case No. 45 of 2012 (Gardanibagh P.S. Case No. 383 of 2012). Subject to the condition that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the Court about any change in the address of the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the Court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) manish/- U T