Md Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35159 of 2021 Arising Out of PS. Case No.-364 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MD HUSSAIN Son of Wasi Resident of Village - Bata Gali Road, P.S.- Brahampura, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Firoz Raza, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard Mr. Syed Firoz Raza, learned counsel for the petitioner and Mr. Binod Kumar, Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks regular bail in connection with Kazi Mohammadpur PS Case No. 364/2020 registered for the offence punishable under Section 414 of the IPC and Section 20(B) (ii) (A)/27 of NDPS Act.

As per First Information Report, the police, on the basis of information that two persons are standing under Maripur over-bridge in suspicious condition, proceeded towards the place of occurrence and apprehended them, namely, Md. Kaish @ Rahul and Md. Hussain (petitioner), and recovered 10 sachets of smack and cash of Rs. 14780/- from the pockets of

Patna High Court CR. MISC. No.35159 of 2021(2) dt.04-01-2022 2/3 Md. Kaish. A motorcycle was recovered from the place of occurrence and when the police asked for ownership paper of the said motorcycle, they did not produce the same. Learned counsel for the petitioner submits that no smack has been recovered from the possession of the petitioner and from perusal of the seizure list, it would be evident that the ten sachets of smack has been recovered from the possession of co-accused, Md. Kaish @ Rahul. He further submits that Md. Kaish @ Rahul has been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 32774/2021.

Learned counsel next submits that charge-sheet has already been submitted and the petitioner is in custody since 30.12.2020. He further submits that the petitioner was not in possession of the seized motorcycle and the same was under the possession of co-accused, Md. Kaish and the petitioner was standing under the bridge.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused, from whose possession the smack was recovered, has already been granted bail by a Bench of this Court, charge-sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.35159 of 2021(2) dt.04-01-2022 3/3 Accordingly, let the petitioner, MD HUSSAIN be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Muzaffapur in connection with Kazi Mohammadpur PS Case No. 364/2020.

(Anil Kumar Sinha, J) perwez U T