Md. Iftekhar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2246 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== MD. IFTEKHAR @ BITTU Son of Late Md. Sayeed @ Late Md. Saheed Alam R/o Tatarpur, Fakir Takia Gali, P.S- Tatarpur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

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

Petitioner seeks regular bail in connection with Tatarpur P.S. Case No. 137 of 2022, registered for the offences punishable under Sections 20 and 22 of the NDPS Act. As per the prosecution, the police personnel on secret information apprehended this petitioner and upon search 05 small packets containing narcotic material suspected to be Brown Sugar and a cash of Rs. 2,10,000/- were recovered. The main submissions advanced by petitioner's

Patna High Court CR. MISC. No.2246 of 2023(2) dt.18-03-2023 2/2 counsel are that as per the prosecution from the possession of the petitioner 2.5 gram narcotic material believed to be Brown sugar was recovered and the said contraband comes in the purview of small quantity as per the NDPS Act and Rs. 2,10,000/- which is stated to have been recovered with the alleged contraband from the possession of this petitioner was concerned to his business of making Alluminium Boxes, Gate Grills etc. Further submission is that the petitioner has been languishing in jail since 01.07.2022 and against him there is criminal antecedent of one case which was lodged under different nature of offences and he is a young person. Learned APP appearing for the State has opposed the prayer for bail.

In view of the facts, as stated above, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged 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 concerned Court in connection with Tatarpur P.S. Case No. 137 of 2022.

(Shailendra Singh, J.) maynaz/- U T