Patna High CourtCR. MISC./23783/2024allowed

Md. Khurshid Alam @ Khurshid v. The State Of Bihar

2024-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23783 of 2024 Arising Out of PS. Case No.-721 Year-2023 Thana- ARARIA District- Araria ====================================================== Md. Khurshid Alam @ Khurshid S/O Soyeb Alam @ Soaib R/O VillagePrem Nagar, Ward No. 14, P.S- Araria R.S., Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21(c), 22 and 23 of the NDPS Act.

3. There is recovery of 1118 bottles each of 100 ml of codeine escuf syrup from a Bolero vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized vehicle or the codeine escuf syrup in question. He was not apprehended on spot. A statement has been made in para-3 of this petition that the petitioner has

Patna High Court CR. MISC. No.23783 of 2024(2) dt.20-03-2024 2/2 got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide Annexure-3 of this petition. Moreover, the petitioner is languishing in judicial custody since 28.01.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.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 Araria (R.S) P.S. Case No. 721 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions-cum-Special Judge, NDPS Act, Araria.

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