Md. Mojahid @ Mojahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17707 of 2022 Arising Out of PS. Case No.-382 Year-2021 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MD. MOJAHID @ MOJAHID SON OF MD. MUMTAJ R/O VILLAGECHANDWARA SODA GODAWN CHOWK, BANDH KE PAR, P.S.- AHIYAPUR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Masoom Alam For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 21(c) and 21 (b) of the N.D.P.S. Act.

It is alleged that 10 gms kept in 19 purias smack like substance was recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in

this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 22.12.2021. The seized smack like substance is of more than the small quantity but less than the commercial quantity.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances as well as the submission made by the learned counsel for the petitioner, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum- Special Judge, Muzaffarpur, in connection with Sahebganj P.S. Case No. 515 of 2021.

The application stands allowed.

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