Patna High CourtCR. MISC./5697/2024allowed

Md. Aman v. The State Of Bihar

2024-02-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5697 of 2024 Arising Out of PS. Case No.-326 Year-2023 Thana- FALKA District- Katihar ====================================================== Md. Aman S/O MD. MURSHID @ MURSHID VILLAGE- ATHGAWAN, PS. FALKA, DIST. KATIHAR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 20, 22 of the N.D.P.S. Act.

3. The petitioner along with FIR named accused persons are said to have been apprehended from their possession, total 20.05 gram smack like substance as well as two motorcycles were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of smack like narcotic substance or with the seized motorcycle. The smack is alleged to

Patna High Court CR. MISC. No.5697 of 2024(2) dt.09-02-2024 2/2 be 20.05 gram which does not come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. He has got no criminal antecedent and languishing in judicial custody since 9.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Falka P.S. Case No. 326 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge NDPS, Katihar.

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