Mithu Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64538 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ====================================================== Mithu Sheikh S/o Idrish Sheikh, Resident of Village and P.S. Salar, District Murshidabad (West Bengal).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarun Prasad Mandal, Adv. For the Opposite Party/s : Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Bhagalpur G.R.P Case No. 83/2018 (G.R. No. 86/2018), registered for the offences punishable under Sections 20(ii)(b), 22(b) of the N.D.P.S. Act. Allegation is recovery of 7.070 kgms. of Ganja from the bag of petitioner.

It has been submitted that petitioner has falsely been implicated in this case. He has no concern with the bag or the seized Ganja. The said bag was kept where the petitioner was sitting in the compartment. Except the confession of petitioner before the police there is nothing against him. Petitioner has no criminal antecedent. He is in custody

Patna High Court Cr.Misc. No.64538 of 2018 (3) dt.05-11-2018 2/2 since 24.04.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of District & Sessions Judge, Bhagalpur in connection with Bhagalpur G.R.P Case No. 83/2018 (G.R. No. 86/2018), subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T