Imtiyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29568 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- KATIHAR NAGAR District- Katihar ====================================================== Imtiyaz Ansari Son of Basir Ansari R/O- Argara Chowk, Mofarganj, P.S.- Nagar, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Katihar Town (Nagar) PS Case No. 07 of 2025 instituted for the offences under Sections 8(c), 21(b) & 29 of the NDPS Act.

3. Prosecution allegation, in short, is that police apprehended two accused persons, including the petitioner and there is recovery of total 66.57 gram smack and Rs. 1560/- from the possession of co-accused including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.29568 of 2025(2) dt.01-05-2025 2/3 possession of the petitioner. Learned counsel for the petitioner further submits that there is no recovery of contraband from the possession of the petitioner, rather the same is recovered from the possession of co-accused, which is evident from perusal of the seizure list. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 03-01-2025 and has got four criminal antecedents. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, recovery below commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Katihar Town (Nagar) PS Case No. 07 of 2025, subject to the following conditions:

(i) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.29568 of 2025(2) dt.01-05-2025 3/3 family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) rishi/- U T