Patna High CourtCR. MISC./3824/2020bail granted

Md. Shahjada v. The State Of Bihar

2020-01-21Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3824 of 2020 Arising Out of PS. Case No.-499 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== Md. Shahjada, S/o Late Ashlam, R/o village- Babuaganj, P.S. and DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 06.07.2019 in connection with Special Case No.07 of 2019 arising out of Khagaria P.S. Case No.499 of 2019 registered for the offence under Sections 8/20(b)(ii)(c)/25/29 of the N.D.P.S. Act. Learned counsel for the petitioner submits that the alleged recovery of 17 grams of smack, which is purported to have been recovered from the possession of the petitioner, is entirely false and the seizure was not made in accordance with law or the prescribed procedure under the NDPS Act. It is further submitted that no chemical report of the FSL has been received till date and, admittedly, the quantity alleged to have been recovered from the petitioner is much less than the

Patna High Court CR. MISC. No.3824 of 2020(2) dt.21-01-2020 2/2 commercial quantity.

In view of the aforementioned facts and circumstances and that the petitioner is not having any criminal antecedents, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of Additional Sessions Judge-3rd-Cum-Special Judge (NDPS) Khagaria, in connection with Special Case No.07 of 2019 arising out of Khagaria P.S. Case No.499 of 2019. (Anjana Mishra, J) PNM U T