Md. Majabul @ Md. Majahbul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29939 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- SARSI District- Purnia ====================================================== Md. Majabul @ Md. Majahbul, Male, aged about 35 years, son of Md. Domi, fesident of Village- Bishari Rahika, Ward No. 08, PS -Sarsi, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Special Case No.74 of 2025 arising out of Sarsi PS Case No.07 of 2025 dated 05.01.2025, instituted for the offence punishable under Sections 8(c), 21(b) and 25 of the NDPS Act.
3. The allegation is of recovery of 18.16 gr. Smack/brown sugar like substance from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing was recovered from the possession of the petitioner, rather, the contraband article was implanted by the police personnel. Further, the police forcibly took thumb
Patna High Court CR. MISC. No.29939 of 2025(2) dt.15-05-2025 2/2 impression of the petitioner on a blank page which was later on converted into notice under Section 50 of the NDPS Act. Further submission is that recovered contraband i.e., 18.16 gr. is more than small quantity but much less than commercial quantity. Lastly, it is submitted that the petitioner is in custody since 06.01.2025 having no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge cum Special Judge, NDPS Act, Purnea, in Special Case No.74 of 2025 arising out of Sarsi PS Case No.07 of 2025.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T