Patna High CourtCR. MISC./18566/2023bail granted

Md Sarwar @ Md Sarwar Ali v. The State Of Bihar

2023-05-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18566 of 2023 Arising Out of PS. Case No.-738 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== 1.

MD SARWAR @ MD SARWAR ALI S/O- SALAUDDIN @ MD SALAUDDIN @ MD. SALAMUDDIN Village- Narayanpur Ps- Bihpur Bhawanipur Dist- Bhagalpur 2.

Md. Sarfraj @ Md. Sarfaraj Alam S/O- Salauddin @ Md. Salauddin @ Md. Salamuddin Village- Narayanpur Ps- Bihpur Bhawanipur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners seek regular bail in connection with Bihpur (Bhawanipur) P.S. Case No. 738 of 2022, corresponding to N.D.P.S. Case No. 155/2022, registered for the offence punishable under Sections 276, 419, 420 of the Indian Penal Code and 2/(c) of the N.D.P.S. Act.

Learned counsel for the petitioners submits that the petitioners are innocent and falsely been implicated in this case. Petitioners have got no criminal antecedent. It is further alleged that the seized cough syrup has not been recovered from the conscious possession of the petitioners. Petitioners are in

Patna High Court CR. MISC. No.18566 of 2023(3) dt.23-05-2023 2/2 custody since 20.12.2022.

Learned APP has vehemently opposed the prayer for bail.

Considering the nature of allegation levelled against the petitioners, their period of custody, this application is allowed.

Let the petitioners, above named, be released on bail after framing of charge, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bhagalpur in connection with Bihpur (Bhawanipur) P.S. Case No. 738 of 2022, corresponding to N.D.P.S. Case No. 155/2022. This is also subject to the conditions that (I) the petitioner shall mark his presence in Bihpur (Bhawanipur), District- Bhagalpur on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T