The Patna High Court granted bail to the petitioner, Dabloo Mukhiya, in a case under Sections 20 and 21 of the NDPS Act. Directed to execute a bond of Rs. 10,000 with sureties.
Petitioner Dabloo Mukhiya directed to be released on bail by executing a bond of Rs. 10,000 with two sureties.
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Patna High Court Cr.Misc. No.30301 of 2014 (2) dt.03-09-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30301 of 2014
Arising Out of PS.Case No. -468 Year- 2013 Thana -PIRBAHOR District- PATNA
====================================================== Dabloo Mukhiya @ Nazim Son of Late Md. Niyam resident of mohallaKoeri Tola, Police Station- Pirbahore, District- Patna... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
2 03-09-2014 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Pirbahore P.S. Case No. 468 of 2013 registered for the offences punishable under Sections 20 and 21of the Narcotic Drugs and Psychotropic Substances Act.
Allegedly, acting on a tip of, a raid was conducted and the petitioner and one Md. Kaisar succeeded in fleeing away but Md. Arshad @ Sonu was caught and from his possession 20 grams smack was recovered. He disclosed the names of the petitioner and other co-accused.
Submission at the bar for release of the petitioner is that the petitioner was not caught at the spot, on the basis of confessional statement of co-accused caught on the spot name of the petitioner transpires, earlier the petitioner was involved in
Patna High Court Cr.Misc. No.30301 of 2014 (2) dt.03-09-2014
similar cases and as such he has been made accused in the present case also, nothing has been recovered from his possession and the petitioner is a poor man and earning his livelihood by doing his work. It has also been submitted that similarly situated co-accused Md. Kaishar has been allowed bail by another Bench of this Court vide Cr. Misc. No. 5056 of 2014.
In the facts and circumstances as stated above and considering that similarly situated co-accused Md. Kaishar has been allowed bail, the petitioner Dabloo Mukhiya @ Nazim is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VIIcum-Spl. Judge, N.D.P.S., Patna in connection with Pirbahore P.S. Case No. 468 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the offence of narcotic drugs punishable under Sections 20 and 21 of the NDPS Act.
1 provisions across 1 enactments
Dabloo Mukhiya @ Nazim
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
