Patna High CourtCR. MISC./25873/2025bail granted

Md. Sharukh @ Md. Sarukh v. The State Of Bihar

2025-05-02Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25873 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- GALGALIYA District- Kishanganj ====================================================== Md. Sharukh @ Md. Sarukh S/o- Md. Dabir @ Md. Debir Village- Singhiajot Bhajanpur Debiganj Ps- Khoribari District- Darjeling ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Galgalia P.S. Case No. 10 of 2025 registered for the offence under Sections 8(C), 21(b) and 29 of the NDPS Act.

3. The recovery is of 38 grams of brown sugar from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 25.01.2025 and claims clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.25873 of 2025(2) dt.02-05-2025 2/3 case, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (NDPS Act), Kishanganj/concerned Court below in connection with Galgalia P.S. Case No. 10 of 2025, subject to conditions that:

(i).

The petitioner will mark his attendance at the Khoribari Police Station, Darjeeling, West Bengal on the first & third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and noncooperation in the trial shall result in cancellation of the bail bonds of the petitioner.

(iii). The bailors should be close blood relatives.

(iv). Before accepting the bail-bond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bailbonds shall not be accepted by the court below.

8. This application for regular bail stands allowed.

9. Let a copy of this order be communicated to the

Patna High Court CR. MISC. No.25873 of 2025(2) dt.02-05-2025 3/3 Superintendent of Police, Darjeeling, West Bengal through FAX forthwith for its compliance.

(Sandeep Kumar, J) Shishir/- U T