Md. Juber v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19710 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- SARSI District- Purnia ====================================================== MD. JUBER S/o Md. Alam @ Alim Resident of Sarsi, P.S.-Sarsi, DistrictPurnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8(c), 21(b) and 22(b) of the N.D.P.S. Act.

As per prosecution case, there has been recovery of 9.33 gram Brown sugar from the carry bag, which was hanged on handle of the motorcycle.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Brown Sugar. He submitted that seized Brown Sugar like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of

Patna High Court CR. MISC. No.19710 of 2023(2) dt.19-05-2023 2/2 Section 50 of the N.D.P.S. Act has not followed in this, while preparing the seizure list. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of 3rd Additional Sessions Judge-cum-Special Judge, (NDPS Act), Purnia in connection with Sarsi P.S. Case No. 285 of 2022. (Sunil Kumar Panwar, J) arish/- U T