Md. Jami @ Md. Jamin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24794 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== MD. JAMI @ MD. JAMIN SON OF MD. SHAHBAZ R/O VILLAGEMUKERI TOLA FATEHPUR, P.S.- INDUSTRIAL AREA, DISTRICTBHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections20(b)(ii)(c), 22 of the NDPS Act.

Prosecution case relates to recovery of total 7 kg. Ganja from the possession and house of the FIR named accused persons including the petitioner. Six accused persons were apprehended from the house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner was not apprehended on spot and nothing has been recovered from his conscious possession. The name of the

Patna High Court CR. MISC. No.24794 of 2023(2) dt.22-05-2023 2/2 petitioner has been disclosed in this case by the apprehended coaccused before the police, which has got no evidentiary value in the eye of law. Provision of Section 50 NDPS Act has not been followed by the police officials while preparing the seizure list. The quantity of alleged recovery comes below the commercial quantity. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 5.4.2023 passed in Cr. Misc. No. 4104 of 2023. He is languishing in judicial custody since 19.02.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Bhagalpur in connection with Industrial Area P.S. Case No. 163 of 2022.

(Sunil Kumar Panwar, J) sushma/- U