Mahfooz Alam @ Mahfuj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18182 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- AMAUR District- Purnia ====================================================== MAHFOOZ ALAM @ MAHFUJ ALAM S/O LATE ABDUL KHALIL Resident of Village- Katahalbari, P.S.- Rauta, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 21(c)/22/25 of NDPS Act.

As per allegation in the FIR, on getting secret information police party proceeded towards place of occurrence, and apprehended two accused persons including the petitioner, who was driving the motorcycle. The seized motorcycle belongs to the petitioner. On search, 15.470 grams of brown sugar like substance, cash of Rs. 1430/- and a mobile were recovered from pant pocket of the petitioner. From possession of the other coaccused, paper pipe and cash of Rs. 70/- were recovered. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.18182 of 2023(3) dt.17-07-2023 2/2 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. There is complete violation of provision of Section 50 of the NDPS Act. There is no FSL report to confirm that the seized article is contraband material. The recovered article comes below the commercial quantity. Petitioner has got no criminal antecedent and languishing in judicial custody since 13.12.2022. Learned APP appearing for the State has opposed the prayer of Bail.

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 Special Judge, NDPS Act, Purnea in connection with Amour P.S. Case No. 356 of 2022.

(Sunil Kumar Panwar, J) sushma/- U