Intekhabuddin @ Sabbir @ Md. Intekhabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14230 of 2023 Arising Out of PS. Case No.-1283 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== Intekhabuddin @ Sabbir @ Md. Intekhabuddin S/O Md. Nizamuddin R/OLine Bazar, Chhoti Masjid, P.S.- K. Hat (Sahayak), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8(c), 21(b) of N.D.P.S. Act. As per the allegation in F.I.R, 5 grams of Brown Sugar (Smack) like narcotics substance, one mobile and motorcycle have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband. The alleged

Patna High Court CR. MISC. No.14230 of 2023(2) dt.26-04-2023 2/2 recovered Smack like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 28.11.2022. Similarly situated co-accused, namely, Sunil Kumar Yadav @ Sunil Kumar has been granted vide order dated 12.04.2023, passed in Cr. Misc. No. 7494 of 2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with K. Hat (Maranga) P.S. Case No. 1283 of 2022 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 Special Judge, N.D.P.S. Act, Purnia.

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