Shamsul Hoda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6301 of 2025 Arising Out of PS. Case No.-99 Year-2024 Thana- BAIRGACHHAI District- Araria ====================================================== Shamsul Hoda Son of Mir Qumar Uddin @ Md Qumar Uddin Resident of Kakarwa Basantapur, P.S.- and District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Choubey, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner makes a prayer for bail in connection with Bairgachhi P.S Case No. 99 of 2024 registered for offences under Sections 21(a), 22 and 23 of the NDPS Act.
3. The First Information Report and the seizure list would go to show that a total of 7,200 tablets of Pyeevon Spas Plus - 385 mg and a motorcycle were recovered from the spot and petitioner and another person were apprehended.
4. The learned counsel appearing for the petitioner draws the attention of the Court to the order dated 07.03.2025 passed in Cr. Misc. No. 11596 of 2025 whereby the co-accused Md. Galib has been granted bail on the ground if he does not plead guilty.
5. The present application is also disposed of with a
Patna High Court CR. MISC. No.6301 of 2025(4) dt.21-05-2025 2/2 direction to the learned Principal District and Sessions Judge, Araria to explain to the petitioner/accused the fact that the recovery is of small quantity and the maximum punishment for the offence is one year and if he pleads guilty he may be let off after completing a particular period in custody.
6. However, if the petitioner pleads guilty, appropriate orders shall be passed by the Court below and in case the petitioner does not plead guilty and wishes to contest the case, he shall be released on bail by the learned Principal District and Sessions Judge, Araria.
7. This application stands disposed of with the aforesaid direction.
(Soni Shrivastava, J) Raj Ranjan/- U T