Md. Shahid Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4387 of 2025 Arising Out of PS. Case No.-467 Year-2024 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Md. Shahid Alam Son of Late Md. Kurban Ali @ Late Kurban Ali Resident of Village- Pital Talla, P.S.- Kaliyachak, District- Malda (West Bengal) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Musowir, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Bakhtiyarpur PS Case No. 467 of 2024 instituted for the offences under Sections 8(c) & 21(b) of the NDPS Act. 3.
Prosecution allegation, in short, is that there is recovery of 51.31 grams smack like substance has been recovered from the petitioner's possession.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has no concern with
Patna High Court CR. MISC. No.4387 of 2025(2) dt.04-02-2025 2/2 the recovered contraband. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 14-10-2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, recovery below commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bakhtiyarpur PS Case No. 467 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T