Patna High CourtCR. MISC./61122/2024bail granted

Jahir Ali v. The State Of Bihar

2024-11-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61122 of 2024 Arising Out of PS. Case No.-268 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== Jahir Ali Son of Md. Sadagar Ali Resident of- Baghmara Maharajpur, P.S.- Mufasil, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Purnea Sadar P.S. Case No. 268 of 2024 registered for the offence punishable under Sections 8(C) and 21(B) of the NDPS Act.

3. As per the prosecution case, 56.2 grams smack was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner has clean antecedent and he is in jail since 04.05.2024.

5. Learned APP appearing for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and the recovery of intermediate quantity of smack, let the petitioner, above named,

Patna High Court CR. MISC. No.61122 of 2024(3) dt.29-11-2024 2/2 be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Purnea in connection with Purnea Sadar P.S. Case No. 268 of 2024, subject to the following conditions:

(i) The petitioner will mark his attendance at Muffasil Police Station, Purnea, on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner. (ii) Before accepting the bailbond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bond of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bail-bond shall not be accepted by the court below.

7. Let a copy of this order be communicated to the Superintendent of Police, Purnea, for its compliance through FAX or email forthwith.

(Sandeep Kumar, J) Saif/- U T