Md. Aslam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26698 of 2018 Arising Out of PS. Case No.-18 Year-2017 Thana- BARHARA District- Purnia ====================================================== Md. Aslam Khan, Son of Late Samshad Khan, Resident of Village-Rangpura, P.S. Mirganj, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Barhara PS Case No.18 of 2017, giving rise to Special (NDPS) Case No.02 of 2017, 20(B)/22/23 of the NDPS Act. Allegation in brief is that during vehicle checking, the petitioner was found carrying 10 Kgs. of Ganja on his motorcycle.

Learned counsel for the petitioner submits that the motorcycle is registered in the name of another co-accused Md. Javed and he was carrying Ganja, the petitioner has no criminal antecedent and has been in custody for last one year and two months.

Having considered the aforesaid facts and

Patna High Court Cr.Misc. No.26698 of 2018(3) dt.07-05-2018 2/2 circumstances and the quantity which is lesser than commercial, petitioner Md. Aslam Khan is directed to be released 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 1st Additional District & Sessions Judge-cum-Special Judge, Purnea in connection with Barhara PS Case No.18 of 2017, giving rise to Special (NDPS) Case No.02 of 2017 with following conditions:

(1) One of the bailors must be the close family member of the petitioner.

(2) The petitioner shall remain physically present on each and every date before the trial court as and when required and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled. (Arun Kumar, J) S.KUMAR/- U T