Ahmad Ali @ Jacki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7798 of 2024 Arising Out of PS. Case No.-51 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== Ahmad Ali @ Jacki S/O Khalil Ahmad R/O Village- Tinkothiya, P.SMithapura, Distt.- Muzaffarpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8(c) and 21(c) of the NDPS Act, Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 415 of the Explosive Substance Act.

3. The allegation against the petitioner along with others is of engaging in the business of illegal arms and storing it in huge quantity.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot and he has no concerned with alleged recovery. From the perusal of the FIR, it is evident that the as alleged incriminating articles have been recovered from the possession of co-accused

Patna High Court CR. MISC. No.7798 of 2024(2) dt.20-02-2024 2/2 Javed Ahmed @ Sikku not from this petitioner. Only being the brother of the said co-accused, petitioner has been falsely implicated in the present case. No incriminating articles have been recovered from the conscious possession of the petitioner and charge has already been framed against him. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge-cum-Special Judge, NDPS Act, Muzaffarpur in connection with Mithanpura P.S. Case No. 51 of 2023.

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