Md Abbas Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33601 of 2024 Arising Out of PS. Case No.-925 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Md Abbas Ali Son of Md. Ismail Idrishi Resident of Village- Badi Bazar, Mohania ,Ward No- 11, P.S- Mohania, Dist- Kaimur at Bhabhua 2.

Gobind Kumar Ram @ Gobind Ram Son of Raju Ram Resident of VillageRasulpur, Karmhari, P.S- Mohania ,Dist- Kaimur at Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 Learned counsel for the petitioners 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.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with N.D.P.S. Case Reg. No. 15 of 2024, arising out of Mohania P.S. Case No. 925/2023 dated 27.12.2023 registered for the offence punishable u/ss 8(c) and 22(a) of the N.D.P.S. Act.

Patna High Court CR. MISC. No.33601 of 2024(3) dt.14-05-2024 2/3

4. As per the prosecution case, total 48 ml of Buprenurphine injection has been recovered from the possession of the petitioner no. 1 and total 68 ml of Pheniramine Maleate injection was recovered from the possession of the petitioner no. 2.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The seized article does not belong to the petitioner. Learned counsel has submitted that the seized article does not come under the purview of the N.D.P.S. Act. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 27.12.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners. 7.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at

Patna High Court CR. MISC. No.33601 of 2024(3) dt.14-05-2024 3/3 Bhabhua, in connection with N.D.P.S. Case Reg. No. 15 of 2024, arising out of Mohania P.S. Case No. 925/2023.

8. The application stands allowed.

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