Md. Dabir @ Md. Debir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25804 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- GALGALIYA District- Kishanganj ====================================================== Md. Dabir @ Md. Debir S/o- Late Md. Zamir Village- Singhia Jot Bhajanpur, Debiganj Ps- Khoribari District- Darjelling ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.

2. It is the first regular bail application submitted by the petitioner who has been arrested in connection with Galgalia P.S. Case No. 10 of 2025 for the alleged offences punishable under Section 8 (c), 21 (b), 29 of the N.D.P.S Act.

3. According to the case of prosecution, on the date of incident, the police officials on the basis of some sercret information received from the informant reached the spot and there they caught hold of the present applicant along with co-accused Md. Sharukh. It is alleged that on being searched total 53 gram brown sugar was recovered from the petitioner and 38 gram brown sugar was recovered from the co-accused Md. Sharukh.

4. It is submitted by the counsel for the petitioner that the petitioner is innocent and is falsely implicated in this case. He further

Patna High Court CR. MISC. No.25804 of 2025(2) dt.02-05-2025 2/2 submits that the quantities of the seized brown sugar is below than the commercial quantity. He submits that the co-accused Md. Sharukh has already been granted benefit of bail by the Co-ordinate Bench of this Court, the present petitioner is also in custody since 25.01.2025 and has no any previous criminal antecedent. Therefore, on this ground only the petitioner may be granted benefit of bail.

5. Learned counsel appearing on behalf of respondentState opposes the prayer of bail.

6. Considering the submission made by the counsels and particularly considering the detention period as well as the quantity of the seized brown sugar and further considering the fact that Md. Sharukh who is the co-accused has already been granted benefit of bail. I am of the view that the present applicant should also be granted the benefit of bail. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with Galgalia P.S. Case No. 10 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties to the like amount each to the satisfaction of the learned Sessions Judge-cum- Special Judge (N.D.P.S.) Act, Kishanganj.

(Arvind Singh Chandel , J) Siddharth Soni/- U T