Md. Arman And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.11996 of 2018 (2) dt.06-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11996 of 2018 Arising Out of PS.Case No. -394 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Md. Arman, Son of Md. Jamal

2. Md. Irsad, Son of Md. Siraj, Both resident of Mohalla- Noon Ka Chauraha P.S Khajekallan, District- Patna.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Shashi Shekhar Sharma For the Opposite Party : Mr. R.P. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 03.12.2017 in connection with Special Case No. 181 of 2017 arising out of Chowk P.S. Case No. 394 of 2017 for the offences alleged under Sections 27 of the N.D.P.S. Act.

3. It is submitted that the petitioners have been falsely implicated in connection with alleged recovery of 25 grams of ganja and other articles. It is submitted that no incriminating article has been recovered from the possession of the petitioners. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.11996 of 2018 (2) dt.06-03-2018 (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge, Patna, in connection with Special Case No. 181 of 2017 arising out of Chowk P.S. Case No. 394 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) Md. Ibrarul/BT U T