Md. Rauf @ Abdur Rauf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62403 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- AMAUR District- Purnia ====================================================== MD. RAUF @ ABDUR RAUF Son of Abdul Rahman Resident of VillageBelka, P.S.- Amour, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babita Kumari For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Amour P.S. Case No.70 of 2019 registered under Sections 8/20(b) (c)/21(b)/25 of the N.D.P.S. Act besides Sections 18(c)/27(b)(ii) of the Drugs and Cosmetic Act, 1940.

The accusation is that on receiving secret information about doing the business of illicit liquor by Md. Shamim, Md. Nasim and this petitioner in village-Belka, the informant along with other police personnel reached there. In course of search of the joint house of the aforesaid persons, when the informant along with other police personnel reached in the southern room, 6-7 persons were seen talking to each other. On seeing the police party, they started to flee away but out of them, Niraj Kumar Mandal, Shamsher Ali and Umesh Mandal were apprehended, who disclosed the name of the

Patna High Court CR. MISC. No.62403 of 2019(2) dt.16-10-2019 2/2 persons, who succeeded to flee away as Md. Shamim, Md. Rauf (petitioner) and Md. Nasim alias Guddu. On search, from the room of Shamim, one sack containing 22 kilograms Ganja beneath the bed and 960 bottles, each containing100 ml. ESKUF syrup, kept in another sack, were recovered.

Learned counsel for the petitioner submits that in course of search of the joint house, no incriminating article was recovered from the room of the petitioner rather the alleged Ganja and prohibited drugs were recovered from the room of Md. Shamim, the brother of the petitioner. The petitioner being the brother of Md. Shamim has falsely been implicated in this case. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, NDPS Act, Purnea, in connection with Amour P.S. Case No.70 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T