Patna High CourtCR. MISC./13936/2025bail granted

Md. Aklakh @ Buchun @ Eklakh Babu @ Akhlakh v. The State Of Bihar

2025-03-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13936 of 2025 Arising Out of PS. Case No.-514 Year-2024 Thana- KHAJANCHI HAT District- Purnia ====================================================== Md. Aklakh @ Buchun @ Eklakh Babu @ Akhlakh Son of Md. Abbas Resident of Village- Champanagar, Ward No. 13, P.s.- Champanagar, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, (Sr. Adv.) Mr.Bidhu Ranjan, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with K. Hat P.S. Case No. 514 of 2024 dated 16.10.2024 registered for the offences punishable u/ss 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act.

3. As per the prosecution case, total 7.710 gms. smack was recovered from the co-accused, Shyam Kumar and Ankit Kumar. Three live cartridges were recovered from the possession of the co-accused, Manish Kumar and country made pistol also recovered from the car. It is further alleged that the

Patna High Court CR. MISC. No.13936 of 2025(2) dt.21-03-2025 2/3 petitioner is indulged in the business of Narcotics Drugs and Psychotropic Subtance.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery rather the recovery has been made from the co-accused persons. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the seized contraband is less than the commercial quantity. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that one mobile phone was recovered from the possession of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Special Case (NDPS Act) No. 179 of 2024 arising out of K. Hat P.S. Case No. 514 of 2024

Patna High Court CR. MISC. No.13936 of 2025(2) dt.21-03-2025 3/3 with the condition :- (i) 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 is liable to be cancelled.

7. The application stands allowed.

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