Naushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11415 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- MANPUR District- West Champaran ====================================================== Naushad Alam Son Of Salam Sheikh R/V- Bajara Bairiya, P.S.- Shahodara, District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

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

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 20(b) (ii)(c), 23(c), 29 of the NDPS Act.

The prosecution case relates to recovery of total 30 kg ganja like substance and a bolero car which were recovered from the possession of the co-accused persons, while they were going towards jungle, in the meantime, they were apprehended by the police and upon their confession name of the petitioner surfaced in this present case. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.11415 of 2023(2) dt.05-05-2023 2/2 falsely been implicated in this case merely on the basis of confessional statement of co-accused persons. Neither the petitioner was apprehended on the spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 12.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manpur P.S. Case No. 103 of 2022 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 West Champaran, Bettiah.

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