Patna High CourtCR. MISC./61797/2023bail granted

Mor Shalim Sheikh @ Md. Mursalim @ Morsalim Sheikh @ Bhatiya @ Md. Morsalim v. The State Of Bihar

2023-09-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61797 of 2023 Arising Out of PS. Case No.-294 Year-2023 Thana- BAISI District- Purnia ====================================================== MOR SHALIM SHEIKH @ MD. MURSALIM @ MORSALIM SHEIKH @ BHATIYA @ MD. MORSALIM SON OF LATE KALU SHEIKH RESIDENT OF CHAUN PANISADRA, WARD NO.4, P.S. - BAISI, DISTRICT - PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 08.07.2023 in connection with Baisi P.S. Case No. 294 of 2023, F.I.R. dated 07.07.2023 for the offences punishable under Sections 8, 20 (b) (ii) (B) and 25 of the N.D.P.S. Act.

3. According to prosecution case, the informant with the help of police personnel raided the house-cum-scrap shop of the petitioner and found 1.71 Kg of Ganja.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that from a bare perusal of the FIR and Seizure list that 1.710 kg of ganja

Patna High Court CR. MISC. No.61797 of 2023(2) dt.25-09-2023 2/3 like substance has been recovered from the scrap shop of the petitioner and there is non compliance of Section 50 of the N.D.P.S. Act and the recovered contraband is less than the commercial quantity and there is no embargo under Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail. The petitioner is in judicial custody since 08.07.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Special Judge, NDPS Act, Purnea in connection with Baisi P.S. Case No. 294 of 2023, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the

Patna High Court CR. MISC. No.61797 of 2023(2) dt.25-09-2023 3/3 evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Adnan/- U T