The High Court granted bail to the petitioner, a Narcotic Drugs and Psychotropic Substances case accused, directing him to release on furnishing a bond of Rs. 10,000 with two sureties each to the Additional Sessions Judge.
Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27917 of 2017
Arising Out of PS.Case No. -1 Year- 2017 Thana -SIWAN GRP CASE District- SIWAN
====================================================== Mainuddin Alam, S/o Late Muslim Alam, Resident of Village- Saraiya, Ward No.5, P.S.- Nagar Gopalganj, District- Gopalganj (Bihar).
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------
3 21-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Rail Siwan (Thawe) P.S. Case No.01 of 2017/N.D.P.S. Tr. Case No.92 of 2017 registered under Sections 328, 307, 379 and 411/34 of the Indian Penal Code besides Sections 20 and 22 of the N.D.P.S. Act.
The accusation is that on 03.01.2017, the informant boarded on Gorakhpur-Patliputra Express at Sipaya Station to catch Amrapali Train to go for Chandigarh. When he sat on the train, 4-5 persons also sat with him and started to talk. In the meantime, one person served the informant Namkeen Bhujiya and after taking the same, the informant became unconscious. When
Patna High Court Cr.Misc. No.27917 of 2017 (3) dt.21-07-2017 2/3
the informant regained his consciousness, he found himself at P.M.C.H., Patna, and came to know that his cash Rs.600/- from the pocket and silver chain have been stolen and, after that, he gave his statement before the Patliputra Railway Police Station and proceeded for his house alongwith family members boarding on the train. In course of returning to his house, the informant got down from the train at Siwan Railway Station and went to the retiring room and started to take rest, where he saw the person, who had served him Namkeen Bhujiya, sitting there. Then the informant informing to his family members gave information to the police. Thereafter, the police made query from that person, who disclosed his name as Naushad Alam and the name of his other associates indulged in the said offence including the petitioner. Thereafter, the petitioner was apprehended by the police and the police recovered ativan tablet from his possession.
Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case on mere suspicion. While the informant has detailed about the physique of the culprits in the F.I.R. but the petitioner has not been put on T.I. Parade while he is in custody since 06.01.2017. Mr. Ram Sandesh Roy, learned counsel appearing on behalf of the petitioner, submits at the Bar that while the petitioner is accused in
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one more case, as detailed in paragraph-3 to this application, but in that case, the petitioner is on bail.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Siwan, in connection with N.D.P.S. Tr. Case No.92 of 2017 bearing Rail P.S. Siwan (Thawe) Case No.01 of 2017.
(Rajendra Kumar Mishra, J)
P.S./-
U T
2 issues framed by the court
Whether the petitioner convicted under NDPS and IPC sections is eligible for bail on furnishing a bond.
Whether failure during T.I. Parade warrants release on bail without further inquiry.
7 provisions across 2 enactments
Mainuddin Alam
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
