Allowed

Humayun Kabir v. The State of Bihar

Patna HC23 Jun 2022CR. MISC./7742/2022

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to two petitioners accused of transporting drugs under NDPS and IPC charges. The court adopted a lenient approach due to their clean antecedents, asserted innocence, and lack of evidence regarding drug adulteration, ordering release on a bond of Rs. 10,000 with sureties.

What did the court decide?

Petitioners released on bail bond of Rs. 10,000 each with two sureties of the like amount amount satisfying specified conditions regarding trial cooperation.

Humayun Kabir 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.7742 of 2022

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Arising Out of PS. Case No.-215 Year-2021 Thana- SHIVSAGAR District- Rohtas

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

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Humayun Kabir Son of Giyas Shekh Resident of Village - Para, Duba Para, Raj Nagar, P.s.- Ravi Nagar, Distt.- Murshidabad (West Bengal).

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Alim Shekh @ Alikh Shekh Son of Asadul Shekh Resident of Village - Tesingapur, P.s.- Rani Nagar, Distt.- Murshidabad (West Bengal).

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Surendra Kumar Mishra, Advocate. For the Opposite Party/s : Mr.Navin Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 23-06-2022

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The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioners and the learned APP for the State.

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Petitioners seek regular bail in a case registered for the offence punishable under Section 420/34 of the Indian Penal Code and Section 8(c)/22(c), and 28 of Drugs and cosmetics Act and Section 2(B)(ii) of NDPS Act.

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Allegedly, 1050 bottles each containing 100ml phensedyle new cough linctus syrup were recovered from the alleged vehicle and the same had been secretly hidden in a box in

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Patna High Court CR. MISC. No.7742 of 2022(2) dt.23-06-2022 2/4

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the alleged vehicle and both the petitioners were apprehended from the said vehicle.

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The main submissions advanced by learned counsel for the petitioners are that the petitioner no. 1 is a poor driver and petitioner no. 2 is poor helper and they were simply engaged in their profession and transported the alleged drugs at the direction of other persons and they were not aware of any prohibited drugs being loaded in their vehicle and they have been languishing in jail since 3.8.2021. Further submission is that there is no details of any chemical examination of the recovered drugs and the recovered drugs mainly attracts the offences under drugs and narcotic act, and move-over the petitioners have clean antecedent.

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Learned APP has opposed the prayer for bail and submitted that both the petitioners were involved in the transportation of alleged seized drugs which contained some quantity of narcotic substance codeine phosphate..

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Heard both the sides and perused the FIR cum seizure list of the alleged drugs. Both the petitioners are stated to be the driver and kalhasi of the alleged vehicle and they have clean antecedent as per paragraph no. 3. The petitioners have been languishing in jail since 3.8.2021. There is no any evidence to

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Patna High Court CR. MISC. No.7742 of 2022(2) dt.23-06-2022 3/4

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show the alleged seized drugs having been adultered and the petitioner’s have taken the defence that the seized drugs was handed over to them to carry and deliver at a prescribed place. Considering these facts as well as petitioner’s clean antecedent and their custody period in my view a lenient approach can be taken in respect of petitioner’s prayer, let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned Court in connection with Shivsagar P.S. case No. 215 of 2021 on the following conditions:-

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(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

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(2) If the petitioners tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

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(3) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition.

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(4) The Court below will verify the criminal an-

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Patna High Court CR. MISC. No.7742 of 2022(2) dt.23-06-2022 4/4

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tecedent of the petitioners but acceptance of bail bond will not be delayed on account of process of verification of the said criminal antecedent. If any criminal antecedent of the petitioners is found then the Court below shall take serious action against them for cancellation of his bail bond.

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(Shailendra Singh, J)

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siddharthkr/-

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U T

Humayun Kabir v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Humayun Kabir v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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