Patna High CourtCR. MISC./44901/2018bail granted

Md. Chotu v. The State Of Bihar

2018-09-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44901 of 2018 Arising Out of PS.Case No. -370 Year- 2017 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Md. Chotu S/o Md. Riaz @ Raju Driver @ Md. Riyaz Ali, R/o Shahbaznagar, P.S.- Mozahidpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Mojahidpur (Babarganj) P.S.Case No. 370 of 2017, registered for offences punishable under Sections 8, 20 (b) (ii) (c) 25 and 29 of N.D.P.S.Act.

Allegation against the petitioner is of recovery of 1.625 K.G. ganja from the possession of the petitioner. Submission of the learned counsel for the petitioner is that the recovery is not from the possession of the petitioner rather similarly situated co-accused person has been granted bail vide order dated 09.07.2018 passed in Cr. Misc. No. 31475 of 2018.

Patna High Court Cr.Misc. No.44901 of 2018 (3) dt.06-09-2018 2/2 Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur cumSpecial Judge, N.D.P.S.Act in connection with 370 of 2017, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds (Vinod Kumar Sinha, J) Sudha/- U T