Patna High CourtCR. MISC./27085/2017bail granted

Javed Alam v. State Of Bihar And ANR

2017-08-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27085 of 2017 Arising Out of PS.Case No. -130 Year- 2016 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Javed Alam, son of Noor Mohamad, resident of Village- Barewa, P.S.- Kalaiya, District- Bara (Nepal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar, Advocate. For the Union of India : Mr. Manoj Kumar Singh (CGC), For the State : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the State. The prayer for bail of this petitioner was rejected earlier by a coordinate Bench of this Court vide order dated 15.12.2016 passed in Cr. Misc. 43946 of 2016. It has been submitted on behalf of the petitioner that other co-accused Om Prakash Sah has already been granted bail by a coordinate Bench of this Court vide order dated 11.05.2017 passed in Cr. Misc. 4208 of 2017. The petitioner is said to be in custody since 5.8.2016.

In the written report it is alleged that 7 grams of Brown Sugar is recovered from the Helmet of the Motorcycle rider

Patna High Court Cr.Misc. No.27085 of 2017 (5) dt.23-08-2017 2/2 namely, Om Prakash Sah. This petitioner is said to be seated on the Motorcycle only and he has no concern with the Brown Sugar which was recovered from the Helmet.

It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Therefore, seeing the clean antecedent of the petitioner and the period spent by him in custody as also that one of the coaccused has already been granted bail by a coordinate Bench of this Court, prayer for bail of the petitioner is allowed. 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 learned Sessions Judge/Special Judge, East Champaran, Motihari, in connection with Adapur (Harpur) P.S. Case No. 130 of 2016, G.R. Case No. 567 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T