Allowed

Yakub Khalifa @ Yakub v. the State of Bihar

Patna HC12 Oct 2022CR. MISC./37258/2022

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner in a case under the NDPS Act. The court directed the petitioner to furnish a bail bond of Rs. 20,000 with two sureties to be enlarged on bail after a specified period to remove defects. The application was allowed.

What did the court decide?

Petitioner enlarged on bail upon furnishing a bond of Rs. 20,000 with two sureties of the like amount.

Yakub Khalifa @ Yakub Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37258 of 2022

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Arising Out of PS. Case No.-143 Year-2017 Thana- ROSHANGANJ District- Gaya

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======================================================

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YAKUB KHALIFA @ YAKUB SON OF LATE ISRAIL KHALIFA R/OVILL-KOTHI, P.S.-KOTHI, DIST.-GAYA

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Vijaya Laxmi Srivastwa For the Opposite Party/s : Mr.Pronoti Singh

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======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 12-10-2022

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Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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Heard learned counsel for the petitioner and learned A.P.P for the State.

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The petitioner has preferred this application for grant of regular bail in a case registered u/s 8, 20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act.

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As per the prosecution case, 400 kg of Afeem Doda (Posta Straw) was recovered from a bus and the conductor of the bus revealed that the owner of the bus had told him that the petitioner's work was required to be done. Then the petitioner phoned the conductor and told him that one person was standing

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Patna High Court CR. MISC. No.37258 of 2022(3) dt.12-10-2022 2/3

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near the road with 'maal' and the same was to be loaded on the bus and thereafter, the said sacks were loaded on the bus.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The said sacks of 'posta straw' have been recovered from the bus. The petitioner was not present at the place of occurrence. Learned counsel has relied on the verdict of Hon'ble Patna High Court in Krishna Prasad Yadav @ Krishna vs State Of Bihar Cri. Appeal (DB) No.818 of 2010 and has submitted that the Doda seized is not opium but “powder of upper part of Afeem Poppy”. He has further submitted that the seized 'Posta straw' are poppy seeds and they do not fall within the definition of 'Poppy straw' as given in section 2 (xviii) of the NDPS Act. The co-accused Maujahidul Islam has already been granted bail by a Co-ordinate bench vide order dated 30.11.2018 passed in Cr. Misc. No. 66145 of 2018. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.12.2021.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

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Patna High Court CR. MISC. No.37258 of 2022(3) dt.12-10-2022 3/3

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of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Raushanganj (Bankey Bazar) P.S. Case No. 143 of 2017.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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shobhakri/- U T

Yakub Khalifa @ Yakub v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Yakub Khalifa @ Yakub v. the State of Bihar

Case brief

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