Md. Jubair @ Juber v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15832 of 2025 Arising Out of PS. Case No.-54 Year-2024 Thana- GHURNA District- Araria ====================================================== Md. Jubair @ Juber S/O Saem @ Sayeen R/o Vill- Pathraha Ward no. 12, P.S.- Ghurna, Dist.- Araria ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 8/20 of the N.D.P.S. Act.
3. The allegation in the first information report is that upon a secret information that co-accused, Lalit Kumar Paswan is trying to bring Ganja from the Nepal Boarder, a raid was conducted and, upon search of the house of co-accused, Lalit Kumar Paswan, his mother, Parwati Devi was seen throwing a substance like Ganja, who was apprehended on the spot and the informant recovered 5.100 kgs. of Ganja from a room of the house of the said Lalit Kumar Paswan.
4. It is submitted by learned counsel for the petitioner that it
Patna High Court CR. MISC. No.15832 of 2025(4) dt.20-06-2025 2/3 would be apparent from the first information report itself that 5.100 kgs. of Ganja, much less than commercial quantity, has been recovered from the house of the co-accused, Lalit Kumar Paswan and the name of the petitioner has transpired in the said F.I.R. on an information that the petitioner along with Md. Imraz were carrying Ganja to be delivered to co-accused, Lalit Kumar Paswan. However, it is submitted that there was no recovery of any Ganja from the present petitioner and coaccused, Parwati Devi, who was arrested from the house of Lalit Kumar Paswan, has already been granted bail vide order dated 08.01.2025 passed in Cr. Misc. No.87962 of 2024.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that the name of the petitioner has been transpired in this case only on the basis of secret information, petitioner has no criminal antecedent and one of the co-accused has already been granted bail by a coordinate Bench of this Court, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.15832 of 2025(4) dt.20-06-2025 3/3 learned Court below where the case is pending/successor Court in connection with Ghurna P.S. Case No. 54 of 2024, subject to the condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J) Trivedi/- U T