Md. Afaq @ Afaq v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81096 of 2019 Arising Out of PS. Case No.-131 Year-2017 Thana- MIRGANJ District- Purnia ====================================================== MD. AFAQ @ AFAQ S/o Md. Rizal R/o village- Mir Milik, P.S.- Mirganj, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substance Act.

About 24 kilograms of Ganja was recovered from the house of the petitioner. At the time of recovery no family members of the petitioner was there in the house. Submission is that the petitioner has got no criminal antecedent. He is in custody since 23.08.2019. Wife of the petitioner, who is co-accused, has already been allowed bail. Investigation of the case is already complete. In fact, it is entirely planted and cropped up case due to enmity with the neighbours who played active role in getting the case lodged.

Patna High Court CR. MISC. No.81096 of 2019(3) dt.16-03-2020 2/2 Considering the fact that since the petitioner was not there at the time of recovery of Ganja, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Mirganj P.S. Case No.131 of 2017, Supplementary Special Case No.19 of 2017, CIS N.D.P.S. No.14 of 2018, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T