Akhtar Mian @ Akhtar Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27015 of 2022 Arising Out of PS. Case No.-63 Year-2021 Thana- BHANGHA District- West Champaran ====================================================== AKHTAR MIAN @ AKHTAR MIYAN Son of Late Jumman Mian Resident of village - Bishunpurwa, P.S.- Pirari (Sherwa), District - Parsa (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 20, 22, 23, 24 and 27 of the N.D.P.S. Act.

As per the prosecution case, 4 kgs of Ganja was recovered from the possession of the petitioner while he was coming from Nepal on a motorcycle.

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.27015 of 2022(2) dt.01-09-2022 2/2 case on mere suspicion. The petitioner has clean antecedent as stated in para 3 of the bail petition. Nothing has been recovered from the possession of the petitioner. It is further submitted that Charge has already been framed. The petitioner is in custody since 25.09.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that 4 kgs of Ganja was recovered from the possession of the petitioner which is more than small quantity but less than the commercial quantity.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner 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 concerned Court below, Bettiah, District- West Champaran in connection with Bhangaha P.S. Case No. 63 of 2021.

The application stands allowed.

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