Md. Jahur @ Jahur @ Jahrul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8122 of 2024 Arising Out of PS. Case No.-546 Year-2023 Thana- JOKIHAT District- Araria ====================================================== MD. JAHUR @ JAHUR @ JAHRUL S/O GAYAS R/O VILLAGETHENGAPUR, P.S- JOKIHAT, DISTT.- ARARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 21(c), 22(c) of the NDPS Act.

3. As per FIR, the prosecution case relates to recovery of total 640 liter Eskuf cough syrup from a pickup van and co-accused persons were apprehended on the spot and they confessed that the petitioner was also their associate.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of

Patna High Court CR. MISC. No.8122 of 2024(2) dt.20-02-2024 2/2 co-accused persons which is not admissible in the eye of law. The petitioner has no concern with the alleged recovery. Neither the petitioner was put on apprehended on the spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 27.12.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Jokihat P.S. Case No. 546 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge NDPS Act, Araria. (Sunil Kumar Panwar, J) manishkumar/- U T