Oral order granting bail to petitioner Abul Hussain facing prosecution under NDPS, Excise, and Arms Acts for possession of ganja and pistol, citing no criminal antecedents and long pre-trial custody.
Release of petitioner on bail furnishing bond of Rs. 10,000 with two sureties of like amount each under specified conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14628 of 2013
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Abul Hussain S/O Haji Raffiudin Resident Of Village- Varioulghat, P.S.-
Aabadpur, Distt.- Katihar
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Adv.
For the Opposite Party/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
3 03-10-2013 Heard learned counsel for the parties.
No one appears for the State.
Having regard to the fact that the petitioner is facing
prosecution for committing offence under Section 8, 20 & 22 of
the N.D.P.S. Act, Section 47(A) of the Excise Act and Section
25(1-b)A/26 of the Arms Act only on account of recovery of 500
grams of Ganja as well as country made pistol and that the
petitioner has no criminal antecedent, this Court, keeping in view
that he is in custody since 9.1.2013 i.e. for a period around nine
months, would direct for release of the petitioner, namely, Abul
Hussain on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Sessions Judge, Katihar in connection with
Abadpur P.S. Case No. 03/2013 (G.R. No. 83/2013), subject to the
Patna High Court Cr.Misc. No.14628 of 2013 (3) dt.03-10-2013
2
following conditions:-
(i) The two bail bonds will be furnished, one by a Government servant and the other by a close family relative.
(ii) The petitioner will remain present in course of trial on each and every day and his absence even for two consecutive days would automatically entail the consequences of cancellation of his bail.
(iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail.
(Mihir Kumar Jha, J)
Rishi/-
Abul Hussain
The State Of Bihar
Mihir Kumar Jha
As recorded by the court registry
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