Patna High Court – Orders
Ashif Khan @ Saddam Hussain @ Asif Khan vs The State Of Bihar on 27 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30809 of 2025
Arising Out of PS. Case No.-1 Year-2021 Thana- THAWE District- Gopalganj
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Ashif Khan @ Saddam Hussain @ Asif Khan S/O Shafi Khan @ Safi Ahmad
Resident of Village- Indarwa Bairam, P.S.- Nagar Gopalganj, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Upadhyay, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-06-2025
Heard Mr. Dhananjay Kumar Upadhyay, learned
counsel for the petitioner and Mr. Satya Nand Shukla, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.01.2021 in connection with Thawe P.S. Case No. 01 of 2021,
F.I.R. dated 01.01.2021 for the offences punishable under
Sections 399, 402, 414 of Indian Penal Code and 8/20(b) (ii) (a)
of N.D.P.S. Act and under Sections 25(1-b)a/26/35 of Arms Act.
3. According to prosecution case, 1.200 Kgs of Ganja
has been recovered from the vehicle in question and petitioner
was apprehended along with aforesaid contraband.
4. The trial has not been progressed as yet. Earlier the
bail petition of the petitioner was rejected by this Court vide
order dated 06.04.2023 passed in Cr. Misc. No. 66613 of 2022.
5. Learned counsel for the petitioner submits that
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petitioner is innocent and he has falsely been implicated in the
present case. He further submits that 1.200 Kgs of Ganja has
been recovered from the vehicle in question and petitioner was
apprehended along with aforesaid contraband. He further
submits that petitioner was one of the co-passenger in the
vehicle and he has no concern at all with the alleged recovery of
the vehicle. He further submits that there is non compliance of
the mandatory provision of Sections 42 and 52(A) of the
N.D.P.S. Act and it appears that the recovered contraband is less
than the commercial quantity. Hence, there is no embargo under
Section 37 of the N.D.P.S. Act for grant of bail to the petitioner.
He further submits that co-accused, namely, Ajay Kumar @
Ajay has been granted regular bail by this Court vide order
dated 31.01.2025 passed in Cr. Misc. No. 86263 of 2024. He
further submits that although, the petitioner is in custody since
02.01.2021 and the trial has not been progressed as yet.
6. Vide order dated 09.05.2025, a report was called
for with regard to present stage of trial. Report of learned trial
court dated 21.05.2025 reveals that the charge has not been
framed and out of nine accused persons in the present case,
eight accused persons have been granted bail and four accused
persons are not turning up before the Court for the framing of
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charge so, charge has not been framed as yet.
7. Learned counsel for the petitioner referring to the
aforesaid report submits that in view of the report of learned
trial court, the trial is not likely to be concluded in near future,
the petitioner is under custody since 02.01.2021 and other co-
accused person has been granted bail by this Court.
8. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries four criminal antecedents other
than the present one.
9. Considering the aforesaid facts and circumstances
that the recovered contraband is less than the commercial
quantity and apart from that report of the trial court reveals that
the charge has not been framed as yet and petitioner is in
custody since 02.01.2021, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned 1st Additional Sessions Judge,
District- Gopalganj in connection with Thawe P.S. Case No. 01
2021, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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4/4and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Raj Ranjan/-
U T