Ekhtiyar Alam @ Istkhar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20377 of 2023 Arising Out of PS. Case No.-943 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== EKHTIYAR ALAM @ ISTKHAR HUSSAIN Son of Bhado Miyan @ Nasim Akhtar Resident of village - Ekdarwa, P.S.- Town Gopalganj, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414 of the Indian penal Code and Section 8/20b(ii)(c) of the NDPS Act.

As per prosecution case, co-accused persons were apprehended on the spot and from a car bearing Reg. No. WB06-5950 total 45 kg ganja like substance was recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.20377 of 2023(3) dt.20-07-2023 2/2 confessional statement of co-accused. Neither the petitioner was apprehended on the spot nor ganja like substance was recovered from his possession rather it was recovered from co-accused persons. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.02.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalganj Town P.S. Case No. 943 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Gopalganj.

(Sunil Kumar Panwar, J) manishkumar/- U T