Jasiruddin @ Jasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73846 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- BAHADURGANJ District- Kishanganj ====================================================== Jasiruddin @ Jasir Son Of Late Bipat Ali Village- Gopalpur Ps- Bahadurganj Dist- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Bahardurganj P.S. Case No. 10 of 2023, giving rise to Special Case No. 18A of 2023 dated 26.08.2023 registered for the offence/s punishable u/ss 17(a), 18(a), 21(a) and 29 of the NDPS Act.

4. As per the prosecution case, total 1.120 mg. of Smack was recovered from the co-accused Devishish Singh.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.73846 of 2023(2) dt.10-01-2024 2/3 that the petitioner has falsely been implicated in this case. Nothing has been recovered form the conscious possession of the petitioner. The apprehended person disclosed the name of the petitioner as the supplier. The petitioner has four other criminal cases and out of which two criminal cases are related to similar nature as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the petitioner is the supplier of smack.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Kishanganj in connection with Bahardurganj P.S. Case No. 10 of 2023, giving rise to Special Case No. 18A of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.73846 of 2023(2) dt.10-01-2024 3/3 cause, the bail bond of the petitioner is liable to cancelled. (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T