Patna High CourtCR. MISC./49251/2018bail granted

Jalaluddin @ Jalaludieen v. The State Of Bihar

2018-09-27Mr. Justice S. Kumar2 pages

Patna High Court Cr.Misc. No.49251 of 2018 (3) dt.27-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49251 of 2018 Arising Out of PS.Case No. -166 Year- 2018 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Jalaluddin @ Jalaludieen S/o Tegayu Miyan, R/o Vill.- Mohania Ward No. 1, P.S.- Mohania, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Adv. For the Opposite Party/s : Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Mohania P.S. Case No. 166/2018, registered for the offence punishable under Section 21(a) of the N.D.P.S. Act.

It is alleged that 5.750 gms of Heroin contained in 12 packets has been recovered from the possession of petitioner. It has been submitted that petitioner has falsely been implicated in this case due to enmity. He is a labourer. Nothing has been recovered from his conscious possession. Petitioner has no criminal antecedent. He is in custody since 31.03.2018.

Considering the facts aforesaid, the petitioner above-

Patna High Court Cr.Misc. No.49251 of 2018 (3) dt.27-09-2018 named, is directed to 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 District & Sessions Judge-cumSpecial Judge, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 166/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T