Md. Parwej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12547 of 2022 Arising Out of PS. Case No.-204 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== MD. PARWEJ ALAM Son of Shamim Alam Resident of Village- Naya Tola, P.S.- Phulwarisharif, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Sharma For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 20 and 22 of the N.D.P.S. Act.

Allegation against the petitioner is that 15g brown sugar kept in 15 pudiya was recovered from the possession of the petitioner and 5g of brown sugar kept in 5 pudiya was also recovered from the possession of the co-accused. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.12547 of 2022(2) dt.15-07-2022 2/3 of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. Learned counsel further submitted that 15g brown sugar is of less than commercial quantity. The petitioner is in custody since 01.03.2021.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances and the period of detention the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. XVIII Patna, in connection with Spl. Case No. (NDPS) 23/2021 arising out of Phulwarisharif P.S. Case No. 204 of 2021, with a condition that the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner will liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T

Patna High Court CR. MISC. No.12547 of 2022(2) dt.15-07-2022 3/3