IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.24457 of 2011
Md. Fahimuddin son of Late Abdul Shakur
Versus
The State Of Bihar
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3/ 02.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 20(b)(ii-B) of the Narcotics Drugs and
Psychotropic Substance Act.
Considering that the petitioner is in custody since
11.06.2011 for recovery of 32 Puriyas of Ganja weighing six kg. and
has no criminal antecedents, let the petitioner, above named, be
released on provisional bail on furnishing bail bond of Rs.5,000/-
(five thousand) with two sureties of the like amount each or any
other surety to be fixed by the court below to the satisfaction of the
Sessions Judge, Patna, in connection with Spl. Case No.25 of 2011
arising out of Khagaul P.S. Case No.67 of 2011, subject to the
conditions (i) That one of the bailors will be a close relative of the
petitioner, who will give an affidavit giving genealogy as to how he
is related with the petitioner and another bailor shall be Mahmood
Alam, cousin of the petitioner. The bailors will undertake to furnish
information to the court about any change in the address of the
petitioner, (ii) That the affidavit shall clearly state that the petitioner
is not an accused in any other case and, if he is, he shall not be
released on bail, (iii) That the bailors shall also state on affidavit
that they will inform the court concerned if the petitioner is
implicated in any other case of similar nature after his release in the
present case and thereafter the court below will be at liberty to
initiate the proceeding for cancellation of bail on the ground of
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misuse, (iv) That the petitioner will give an undertaking that he will
receive the police papers on the given date and be present on date
fixed for charge and if he fails to do so on two given dates and
delays the trial in any manner, his bail will be liable to be cancelled
for reasons of misuse, and (v) That the petitioner will be well
represented on each date and if he fails to do so on two consecutive
dates, his bail will be liable to be cancelled.
Learned counsel for the petitioner submits that he has
been implicated at the instance of the local police, who is hostile to
the petitioner, and seeks protection of a person well reputed doing
social service in the area. Under the circumstances, the petitioner is
directed to appear before the Aamir of Khanquah situated at
Phulwarisharif, Patna, within fifteen days of his release from jail
custody on provisional bail for a period of six months and file a
certificate about the same in the court within the stipulated time. In
case, the petitioner fails to file certificate about reporting to the
Aamir of Khanquah within two weeks of his release from jail
custody, notice shall be sent to him for cancellation of bail. During
the period of six months, the petitioner is expected to engage
himself in fruitful activities under the guidance of the Aamir of
Khanquah and at the end of the six months, the petitioner will be
required to file a certificate of his conduct in the court below
granted by the Aamir, Khanquah. If the certificate granted to the
petitioner is found satisfactory, the court below will confirm the
provisional bail granted to the petitioner or else will issue notice for
cancellation of bail.
JA/- (Anjana Prakash,J.)