Md. Jahur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8015 of 2024 Arising Out of PS. Case No.-1083 Year-2023 Thana- ARARIA District- Araria ====================================================== Md. Jahur S/O Gayas R/O Village- Thengapur, P.S- Jokihar, 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.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 21(c), 22(c) of the N.D.P.S. Act.

There is recovery of 1104 litres of Eskuf Cough syrup from a truck and the driver was apprehended who disclosed that the said cough syrup was loaded at the behest of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.8015 of 2024(2) dt.17-02-2024 2/3 been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized truck or the apprehended accused or the cough syrup. The petitioner is languishing in custody since 27.12.2023. Moreover, the seized contraband does not come within the purview of commercial quantity. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, N.D.P.S Act, Araria in connection with

Patna High Court CR. MISC. No.8015 of 2024(2) dt.17-02-2024 3/3 Araria P.S. Case No. 1083 of 2023, arising out of Special Case No. 110 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T