Naveen Siddique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11554 of 2024 Arising Out of PS. Case No.-279 Year-2023 Thana- SIKTI District- Araria ====================================================== Naveen Siddique Son Of Mustafa Siddique Resident Of Village- Rajnagar Bardaho, Ward No. 13, P.S.- Sikti, Distt- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dheeraj Kumar, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-02-2024
1. Heard learned counsel for the Petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Special Case No. 106/2023 arising out of Sikti (Araria) P.S. Case No. 279/2023, dated 03.11.2023 registered for the offence punishable under Section 21(b) of the NDPS Act.
3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 90 grams Smack like material which does not come in the purview of commercial quantity of contraband as per NDPS Act and also relates to the recovery of one mobile phone, Indian and Nepali currency but while searching on the person of the petitioner, the provisions of Section 50 of NDPS Act were not followed. Further submission is that the petitioner has been
Patna High Court CR. MISC. No.11554 of 2024(2) dt.28-02-2024 2/2 languishing in jail since 04.11.2023 having no criminal antecedent and against him, the investigation has been completed.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Considering the facts and circumstances of this case and above submissions, coupled with completion of the investigation against the petitioner and also taking note of the quantity of the alleged contraband which is said to have been recovered from the possession of this petitioner, this Court is inclined to accept the prayer for bail of the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing of 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 Special Case No. 106/2023 arising out of Sikti (Araria) P.S. Case No. 279/2023. (Shailendra Singh, J) maynaz/- U T