Md. Shamshad @ Md. Samshad Alam @ Shamshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30673 of 2024 Arising Out of PS. Case No.-230 Year-2023 Thana- KATIHAR GRP CASE District- Katihar ====================================================== Md. Shamshad @ Md. Samshad Alam @ Shamshad Alam, Male, aged about 23 years, Son of Sk. Ayub Khan Resident of Village- Sundargachhi, Dilalpur, Police Station- Azamnagar, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks regular bail in connection with Katihar Rail P.S. Case No. 230 of 2023 instituted for the offences punishable under Section 22(a) of the NDPS Act.

3.

It is a case of recovery of 240 Ativan 1 mg tablets, four master blades and four knives from the conscious possession of the petitioner.

4.

Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner and the recovery of tablets is small quantity and petitioner is in judicial custody since 04.08.2023 and petitioner

Patna High Court CR. MISC. No.30673 of 2024(2) dt.19-04-2024 2/2 has got no criminal antecedent. Similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.81572 of 2023 on 05.01.2024.

5.

Learned APP for the State opposes the prayer for bail of the petitioner.

6.

Considering the facts and circumstances of the case and the small quantity of schedule I tablets were recovered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Katihar in connection with Katihar Rail P.S. Case No. 230 of 2023.

(Ramesh Chand Malviya, J) S.Katyayan/- U T