Rahim Mia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24403 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== RAHIM MIA S/O KABIR MIA R/O Village- Munsunwa, Ward No. 06, P.SGaur, Distt.- Rautahat, Country- Nepal, Pin- 854315. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bairgania P.S. Case no.29 of 2023 registered under sections 8(C) and 20(b)(ii)(B) of the N.D.P.S. Act.

3. As per the prosecution case, the petitioner along with one another on a motorcycle made an attempt to escape, however the petitioner fell down, was caught by the informant and 1.9 kgs of ganja was recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the case. He has no concern with the allegedly recovered item. He is a man of low intellect. He is in custody since 3.2.2023 and has no criminal antecedent.

Patna High Court CR. MISC. No.24403 of 2023(2) dt.18-05-2023 2/2

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties, taking into consideration the submissions made, the allegation in the F.I.R., investigation in the case having concluded with submission of chargesheet, the petitioner being in custody for over 3 months since 3.2.2023 and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Bairgania P.S. Case no.29 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Sitamarhi.

(Partha Sarthy, J) Saurabh/- U T