Javed Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17558 of 2024 Arising Out of PS. Case No.-341 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Javed Ali S/o Mojabir Miya R/o vill - Durgawati, p.s - Durgawati, Distt. - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh, Advocate For the State :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Durgawati P.S. Case No. 341 of 2023 registered for the offence punishable under Sections 8(c) and 21(a) of the NDPS Act.

3. As per the prosecution case, 3 grams and 400 ml. of heroin has been recovered from the possession of the petitioner.

4. The recovery is of 3 grams and 400 ml. which is small quantity. The petitioner is in jail since 05.10.2023.

5. This application is disposed of with direction to the Sessions Judge-cum-Special Judge, Kaimur at Bhabua to explain to the petitioner/accused the fact that the recovery is of small quantity and the maximum punishment is one year and if he pleads guilty, he may be let off after completing a particular

Patna High Court CR. MISC. No.17558 of 2024(3) dt.10-04-2024 2/2 period in custody. If the petitioner pleads guilty, appropriate order shall be passed by the Court below.

6. In case, the petitioner does not plead guilty, the petitioner shall be released on bail by the Sessions Judge-cumSpecial Judge, Kaimur at Bhabua.

7. This application stands disposed of with the aforesaid direction(s).

(Sandeep Kumar, J) P. Kumar U T