Ashique Quraishi @ Ashique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25326 of 2020 Arising Out of PS. Case No.-77 Year-2020 Thana- DANAPUR District- Patna ====================================================== ASHIQUE QURAISHI @ ASHIQUE S/o Abdul Quraishi Resident of Ishanagar, Nayatola, Phulwarisharif, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Nityanand Tiwary.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 414 of I.P.C. and Sections 25(1-b)a, 26, 36 of the Arms Act and Sections 20, 22, 23 and 24 of N.D.P.S. Act.

Prosecution case, in short, is that one country made

Patna High Court CR. MISC. No.25326 of 2020(2) dt.28-09-2020 2/2 pistol with two live cartridges and 4.5 kgs ganja are recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.01.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that one country made pistol with two live cartridges and 4.5 kgs ganja are recovered. Same is below the commercial quantity. Hence Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 A.D.J. XXIV, Patna in connection with Special case No.22 of 2020 arising out of Danapur P.S. case No.77 of 2020.

(Sudhir Singh, J) Narendra/- U T