Khalil Mian @ Md. Khalil v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17319 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -NARKATIYAGANJ RAIL P.S. DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Khalil Mian @ Md. Khalil, Son of Late Jhulan Mian, Resident of VillageMastan Toli, P.S.- Bagaha, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Union of India through the Inspector General S.S.B., Frontier Head Quarter, Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma, Advocate.

For the Opposite Parties : Mr. Sanjay Kumar Tiwary 1, APP.

For the U.O.I.

: Mr. Ravinder Kumar Sharma, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2017 Heard both sides.

The petitioner apprehends his arrest in Narkatiaganj Rail P.S. Case No. 58 of 2016 registered for the offences punishable under Sections 18, 22 and 25 of the Narcotic Drugs and Psychotropic Substances Act.

The police apprehended Kamal Kishore and Suresh Mallah from whose possession 35 grams of Ganja and .710 mg. of brown sugar were recovered. The apprehended accused disclosed that they bring the same from Sohan Ram with the help of bus conductor and the petitioner Khalil Mian @ Md. Khalil for their personal consumption.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.17319 of 2017 (2) dt.02-05-2017 2/2 petitioner does not deal in any contraband article. Nothing has been recovered from the possession of the petitioner. Even the house of the petitioner was not searched on the basis of disclosure made by the co-accused.

Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the Sessions Judge, West Champaran at Bettiah in Narkatiaganj Rail P.S. Case No. 58 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T