Mamun Rashid v. State Of Bihar And ANR

1IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38897 of 2018 Arising Out of PS.Case No. -243 Year- 2014 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Mamun Rashid S/o Late Abdul Satar, R/o Vill.- Mureth, P.O.- Mureth (Narahi), P.S.- Arer, District- Madhubani.

.... .... Petitioners

Versus

1. The State of Bihar.

2. The Inspector of Police, Barbigha, District- Sheikhpura. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Kaushalesh Choudhary, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor of the State.

The petitioner is apprehending his arrest in connection with Barbigha P.S. Case No. 243 of 2014, registered for offences punishable under Section 20(A) (B) of N.D.P.S. Act. Allegation against the petitioner is that the petitioner seized green plants of Ganja from the land of the main coaccused, Akhilesh Prasad @ Phuddi Mahto and after that he dropped the legal proceeding against the accused and lodged the present case.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the police after investigation submitted final form against the

Patna High Court Cr.Misc. No.38897 of 2018 (2) dt.10-07-2018 2/2 petitioner in which he has not made accused in this case. Learned Additional Public Prosecutor opposes the prayer of bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Barbigha P.S. Case No. 243 of 2014 to the satisfaction of learned District and Sessions Judge, Sheikhpura, subject to the conditions laid down under Section 438 (2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before the police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sudha/Priyanka/- U T