Imran Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25105 of 2023 Arising Out of PS. Case No.-9 Year-2021 Thana- BARUN District- Aurangabad ====================================================== Imran Ansari Son Of Late Mahbub Ali R/O Vill.- New Tetariya Kachanpur, P.S.- Narari Kala Khurd, Distt.- Aurangabad, At Present Residing At Ajmernagar, Ward No. 20 Near Lord Budha School T.V. Tower, Aurangabad(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 17(B), 18(B), 21(C), 22©, 25, 29 of the N.D.P.S. Act. As per FIR, prosecution case relates to recovery of 660 gram of (Hemin) narcotic substance and 1 kg Opium from house of co-accused namely, Md. Israr Ansari. And the petitioner is alleged to be indulged in trade of narcotic substance.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.25105 of 2023(2) dt.23-05-2023 2/2 concern with the alleged recovery of narcotic substance and the same was recovered from house of other co-accused namely, Md. Israr Ansari who disclosed the name of the petitioner in his confessional statement. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. Moreover, the petitioner is languishing in judicial custody since 21.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barun P.S. Case No. 09 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge NDPS Act-Cum 1st Additional District & Sessions Judge, Aurangabad.

(Sunil Kumar Panwar, J) Amandeep/- U T