Md. Imran @ Raja @ Md. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36462 of 2024 Arising Out of PS. Case No.-809 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Md. Imran @ Raja @ Md. Raja Son of Md. Suhel Alam Resident of VillageDamara, P.O.- Daulatpur, P.S.- Bhagwanganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Digamber Kumar, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Masaurhi P.S. Case No. 809 of 2022 (Spl. Case No. 67 of 2023) dated 01.12.2022 registered for the offences punishable u/ss 8/20 (b)(ii)(B) of the N.D.P.S. Act.

3. As per the prosecution case, total 1.170 Kg. ganja was recovered from the rented house of the petitioner and the co-accused persons and the co-accused also disclosed the name of this petitioner who is involved in the offence.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.36462 of 2024(3) dt.25-07-2024 2/3 case. The name of the petitioner has sprung up in the confessional statement of the co-accused. It is further submitted that the seized contraband is less than the commercial quantity. No T.I.P. has been conducted by the prosecution. The co-accused person has already been granted regular bail by of this court vide order dated 25.05.2023 passed in Cr. Misc. No. 27938 of 2023. The petitioner has seven criminal antecedents in which one case is related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 30.01.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Spl. Case No. 67 of 2023 arising out of Masaurhi P.S. Case No. 809 of 2022 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates

Patna High Court CR. MISC. No.36462 of 2024(3) dt.25-07-2024 3/3 without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T