Asalam @ Asalam Mian @ Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7295 of 2018 Arising Out of PS.Case No. -718 Year- 2016 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Asalam @ Asalam Mian @ Md. Aslam, S/o Late Khairati Mian, Resident of Village- Sirisia Mal, P.S.- Nakardei, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is the second round of litigation. Earlier the prayer for bail of the petitioner was rejected vide order dated 28.07.2017 passed in Cr. Misc. No. 26625 of 2017 and the petitioner was given liberty to renew his prayer for bail after six months, if trial is not concluded by that time.

Petitioner is languishing in judicial custody since 20.04.2017 in connection with Bettiah Town P.S. Case No. 718 of 2016 for offences punishable under Sections 20, 23, 25, 27(A) and 29 of the N.D.P.S. Act.

The prosecution case, as lodged by the police personnel, is that the house of one Md. Saheb was raided and 200

Patna High Court Cr.Misc. No.7295 of 2018 (3) dt.21-02-2018 2/3 grams of smack was recovered, who confessed the name of the petitioner to be the supplier from Raxaul.

It has been submitted by the learned counsel for the petitioner that he is innocent, nothing has been recovered from his conscious possession and the confessional statement of the apprehended co-accused before the police has no evidentiary value in the eye of law.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and out of eight cases pending against him, six cases are of similar nature.

A report was called for from the court of the learned Additional Sessions Judge-III, West Champaran, Bettiah who has sent a report dated 12.02.2018 that charges have not yet been framed as the petitioner is at Motihari jail. Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Additional Sessions Judge-III, West Champaran, Bettiah in connection with Bettiah (Town) P.S. Case No. 718 of 2016, subject to the conditions that:

Patna High Court Cr.Misc. No.7295 of 2018 (3) dt.21-02-2018 3/3

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T