Rohit @ Md. Tauhid @ Md. Tauheed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6896 of 2023 Arising Out of PS. Case No.-816 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== ROHIT @ MD. TAUHID @ MD. TAUHEED Son of Md. Sattar Resident of village - Sahpur Patori Maricha, P.S.- Tajpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 414 of the IPC and Section 8/20(b)(ii)(c) of NDPS Act and Section 25(1-b)a, 26 and 35 of the Arms Act.

As per allegation in the FIR, on secret information about transportation of Ganja, police party reached near Sadatpur over bridge and on seeing them, six miscreants on two motorcycles were stopped and on search, arms and ammunitions and 26.3 kg. Ganja like substance were recovered and all the accused persons including the petitioner .

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. In fact, petitioner was arrested from his sasural on 26.11.2022 but due to

Patna High Court CR. MISC. No.6896 of 2023(4) dt.05-07-2023 2/2 high handedness of police, his arrest is being shown as on spot on 27.11.2022 with narcotic substance. No local person was made as a witness of the seizure list rather seizure list witnesses are police personnel. There is complete violation of provision of Section 50 of the NDPS Act. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 18.5.2023 passed in Cr. Misc. No. 24374 of 2023. Petitioner is languishing in judicial custody since 28.11.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judgecum-Special Judge NDPS Act, Muzaffarpur in connection with Kanti P.S. Case No. 816 of 2022.

(Sunil Kumar Panwar, J) sushma/- U