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Patna High CourtCR. MISC./4480/2024allowed

Raja Ansari @ Md. Sah Alam v. The State Of Bihar

2024-02-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4480 of 2024 Arising Out of PS. Case No.-275 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Raja Ansari @ Md. Sah Alam Son of Md. Shakli Ansari R/o vill - Islamganj, P.S. - Mohania, Distt. - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 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 8(c), 21(A), 27(A) of the N.D.P.S Act. There is recovery of 1.4 grams of heroin from the possession of co-accused Sahbaj who disclosed that he used to by the heroin from 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

Patna High Court CR. MISC. No.4480 of 2024(2) dt.08-02-2024 2/2 petitioner has no concern either with the seized contraband or the apprehended accused person. The petitioner is languishing in custody since 28.11.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case 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 Sessions Judge-cumSpecial Judge, N.D.P.S Act, Kaimur at Bhabua in connection with Mohania P.S. Case No. 275 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T