Toofani Ansari @ Tufani Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4379 of 2025 Arising Out of PS. Case No.-523 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Toofani Ansari @ Tufani Ansari S/O Ahmad Ansari Resident Of Village - Jalgawa ,P.S- Jitna, District- Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashish Kumar Ranjan, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, 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.
2.
The petitioner seeks bail in connection with Sursand PS Case No. 523 of 2024 instituted for the offences under Sections 20(b)(ii)(B), 23 & 29 of the NDPS Act. 3.
Prosecution allegation, in short, is that 1.100 Kg of ganja 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 petitioner has no concern with the recovered contraband. The recovered contraband is below the
Patna High Court CR. MISC. No.4379 of 2025(2) dt.04-02-2025 2/2 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 06-11-2024 and has got one 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 Sursand PS Case No. 523 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T