Md. Arwaz @ Md. Arbaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3285 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Md. Arwaz @ Md. Arbaz, S/o Md. Shahbaz @ Md. Shahbaj, R/o Mukeri Tola, Fatehpur, P.S.- Industrial Area, Distt- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. N. K. Agrawal, Sr. Advocate Mr. Fakhruddin Ali Ahmad, Advocate For the Opposite Party :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-04-2023 Heard Mr. N. K. Agrawal, learned senior counsel, duly assisted by Mr. Najmul Hoda, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail, who is in custody in connection with Industrial Area P.S. Case No. 163 of 2022 (NDPS Case No. 97 of 2022) registered for the offences punishable under Sections 20(b)(ii)(c) and 22 of the Narcotic Drugs and Psychotropic Substances Act.

The police on a secret information conducted raid at the house of co-accused Md. Zami and allegedly 7 Kg Ganja was recovered. Ten persons have been made accused in the present crime, however, from the F.I.R. it is evident that nothing has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.3285 of 2023(2) dt.27-04-2023 2/3 Learned senior counsel appearing on behalf of the petitioner submitted that the persons, from whose possession some quantity of Ganja like substance was recovered, have been allowed the privilege of bail by learned coordinate Bench of this Court in Cr. Misc. No. 3469 of 2023 vide order dated 06.04.2023. It is next submitted that there is neither any independent witness to the seizure list nor the compliance of the mandatory provisions of Sections 50 and 52 of the NDPS Act. It is lastly submitted that the petitioner, having fair antecedent, is in custody since 22.08.2022 and now the investigation of the crime is complete.

On the other hand, learned APP for the State opposes the bail application.

Regard being had to the submissions made on behalf of the parties and considering the fact that nothing has been recovered from the possession of the petitioner and other coaccused persons have already been allowed the privilege of bail by the learned coordinate Bench of this Court, coupled with the fair antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Bhagalpur

Patna High Court CR. MISC. No.3285 of 2023(2) dt.27-04-2023 3/3 in connection with Industrial Area P.S. Case No. 163 of 2022 (NDPS Case No. 97 of 2022), subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U T