Seraz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32747 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- KORANSARAI District- Buxar ====================================================== Seraz Khan Son of Raish Khan Resident of Village - Mathila, P.S.- Koransarai, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Harun Quareshi, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Koran Sarai P.S. Case No. 14 of 2021 instituted for the offences under Sections 20, 21 and 22 of the N.D.P.S. Act. Learned counsel for the petitioner submits that the petitioner is in custody since 12.02.2021, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that on 11.02.2021 while he was on patrolling duty along with other police force they saw a person fleeing on seeing the police, the accused was apprehended and was searched and from his possession 6.6

Patna High Court CR. MISC. No.32747 of 2021(2) dt.29-11-2021 2/2 grams heroine like substance was recovered from 30 sachets which he was carrying.

Learned counsel for the petitioner submits that the petitioner is suffering from mental issues and has been falsely implicated in this case and even presuming what is alleged without accepting, then the allegation is of recovery of 6.60 grams of heroine which is a little more than the small quantity. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 12.02.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned District Judge-cum-Special Court, N.D.P.S. Act, Buxar in connection with Koran Sarai P.S. Case No. 14 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T