Md Ahsan @ Md Ehsan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20575 of 2021 Arising Out of PS. Case No.-477 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== MD AHSAN @ MD EHSAN Son of Mobarak Mian Resident of VillageKalwari Majhariya, P.S.- Adapur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399, 402 and 414 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 20 and 22 of the N.D.P.S. Act. As per the prosecution case, on receiving information about the accused persons having gathered to give effect to an occurrence, it is stated that a raid was conducted and illegal arms, charas etc. were recovered from possession of the accused persons. It is further stated that from possession of the petitioner, a mobile phone was recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He

Patna High Court CR. MISC. No.20575 of 2021(4) dt.22-11-2021 2/2 was arrested under a misunderstanding. No incriminating article has been recovered from his possession and he is in custody since 9.12.2020. He has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for over 11 months and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with NDPS Case no.71 of 2020 (arising out of Ghorasahan P.S. Case no.477 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, East Champaran, Motihari.

(Partha Sarthy, J) Saurabh/- U T