Md. Harun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5164 of 2023 Arising Out of PS. Case No.-108 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Md. Harun S/O Late Ibrahim Resident Of Village- Gulzar Pokhar, Near Bisahari Asthan, Ward No- 13, P.S.- Kotwali (Munger), District- Munger. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 21(b) of NDPS Act.

As per prosecution case, informant alleged after hearing hulla he along with police party reached at the place and apprehended all accused person including this petitioner and from his possession total 6000/- cash and one jio mobile recovered and from other accused persons total 12 Etivan Tablets of 02 mg recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.5164 of 2023(2) dt.07-04-2023 2/2 falsely been implicated in this case. Petitioner has no concern with the other co-accused persons or with the alleged occurrence. It is further submitted that he was going to Gaya at the date of occurrence and all of a sudden he was arrested by the police but nothing incriminating article has been recovered from his possession. He is languishing in judicial custody since 20.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rail Kiul P.S. Case No. 108 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Lakhisarai. (Sunil Kumar Panwar, J) Manish/- U T