Patna High CourtCR. MISC./56019/2017bail granted

Samir @ Md. Samir v. The State Of Bihar

2018-02-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56019 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -THAKURGANJ District- KISANGANJ ====================================================== Samir @ Md. Samir, Son of Md. Yusuf, Resident of Village- Kohla Banbari Police Station & District- Kishanganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Firoz Ahmad For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-02-2018 Supplementary affidavit has been filed on behalf of the petitioner in pursuance of order dated 09.01.2018. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Special Case No.27 of 2016, arising out of Thakurganj P.S. Case No.100 of 2016, a case under Sections 8/17(b)/18(b) of the N.D.P.S. Act. Around 1400 gms of opium like substance was allegedly recovered from the possession of petitioner. Submission of the learned counsel for the petitioner is that the petitioner is in custody since 11.10.2016. Six prosecution witnesses have already been examined during trial, however, up till now it has not been scientifically established that whether the

Patna High Court Cr.Misc. No.56019 of 2017 (4) dt.06-02-2018 2/2 recovered substance was narcotic substance. Only suspicion is there that recovered substance was narcotic.

Considering the period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Amit/- U T