Md. Tanbir Alam @ Tanbir Alam @ Tanbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34408 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictARRARIA ====================================================== Md. Tanbir Alam @ Tanbir Alam @ Tanbir .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 The petitioner seeks regular bail in connection with Special Case No. 02 of 2017, arising out of C. No. VIII (10)/196CUS/Seiz/DPU/FBG/2016-17-475 registered for offences punishable under Section 42 of the NDPS Act.

Allegation against the petitioner is of recovery of huge quantity of corex syrup and other prohibited drugs. It has been submitted on behalf of the petitioner that he only happens to be a driver of the vehicle from which the alleged recovery has been made and his statement before custom officer, clearly shows that he has been hired for bringing those products by the co-accused of this case. Further petitioner has been in judicial custody for last six months.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts and

as the petitioner is driver and not the owner of the vehicle from which the alleged recovery has been made, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -1st, Araria, in connection with Special Case No.

of arising out of C.

No.

VIII (10)/196CUS/Seiz/DPU/FBG/2016-17-475, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation

of his bail.

It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T