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Patna High CourtCR. MISC./4087/2024allowed

Md. Noor v. The State Of Bihar

2024-02-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4087 of 2024 Arising Out of PS. Case No.-202 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Md. Noor Son Of Late Md. Sulemaan Resident Of Village - Mukeri Tola, Fatehpur, P.S. - Industrial Area, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20(b)(ii)(c), 22 of the N.D.P.S Act. There is recovery of 2.14 kgs of Ganja from the house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the joint family house of

Patna High Court CR. MISC. No.4087 of 2024(2) dt.06-02-2024 2/2 the petitioner. The petitioner has no concern with the seized contraband. Moreover, the seized contraband is much below the commercial quantity. The petitioner is languishing in custody since 17.10.2023. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District Judge, Bhagalpur in connection with Industrial Area P.S. Case No. 202 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T