Akub Singh @ Yakub Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19634 of 2024 Arising Out of PS. Case No.-803 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Akub Singh @ Yakub Singh S/O Jaun Singh R/O Village- Jorabganj, P.SKodha, Distt.- Katihar. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Kumar, Advocate For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in N.D.P.S. Case No. 169 of 2023, arising out of Sadar P.S. case No. 803 of 2023 instituted for the offences under Sections 401, 411, 413, 414, 467, 468 of the Indian Penal Code and Sections 8(c) and 20(B) of the N.D.P.S. Act.
3. Prosecution allegation, in short, is that the 7 gram smack like substance, 12 mobile phones, three keys of motorcycle, and other articles were recovered in this case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 19.08.2023 and
Patna High Court CR. MISC. No.19634 of 2024(2) dt.18-03-2024 2/2 has got no criminal antecedent. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with N.D.P.S. Case No. 169 of 2023, arising out of Sadar P.S. case No. 803 of 2023. (Rudra Prakash Mishra, J) Pankaj/- U T