Md. Turfain Aalam @ Md. Turfain @ Md. Turfain Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3368 of 2018 Arising Out of PS.Case No. -73 Year- 2016 Thana -SAMSTIPUR RAIL P.S DistrictSAMASTIPUR ====================================================== Md. Turfain Aalam @ Md. Turfain @ Md. Turfain Alam, Son of Md. Muslim, Resident of Village-Raipur, Police Station-Warisnagar, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is the second round of litigation. Earlier the prayer for bail of the petitioner was rejected vide order dated 14.07.2017 passed in Cr. Misc. No. 16858 of 2017.

Petitioner is languishing in judicial custody since 25.11.2016 in connection with Samastipur Rail P.S. Case No. 73 of 2016 for offences punishable under Section 414 of the Indian Penal Code and Section 20/22 N.D.P.S. Act.

The prosecution case, as lodged by the police personnel, is that the petitioner and one other were apprehended

Patna High Court Cr.Misc. No.3368 of 2018 (3) dt.07-03-2018 2/3 carrying 15 kilograms of ganja and one Nokia mobile each were recovered from both the petitioner and other accused person. It has been submitted by the learned counsel for the petitioner that he is innocent, no other case under the N.D.P.S. Act is pending against him and that he is in custody since more than one year. He submits that charges have already been framed but none of the seizure list witnesses have been examined and that he has been falsely implicated.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record and the period of custody, let petitioner, above named, 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 learned Special Judge, N.D.P.S. Act, Samastipur in connection with Samastipur Rail P.S. Case No. 73 of 2016, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his

Patna High Court Cr.Misc. No.3368 of 2018 (3) dt.07-03-2018 3/3 relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U