Md. Sattar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29775 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Md. Sattar S/O Md. Khalil R/O Village- Rupauli, Police Station- Tariyani, Distt.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar,Adv.

For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with N.D.P.S. Case No. 91 of 2024, arising out of Kotwa P.S. Case No. 200 of 2024 dated 23.07.2024 registered for the offences punishable under Sections 111, 310(4), 310(5), 303(2) of the B.N.S. and Sections 8, 15, 17(c), 18(c), 20(b)(ii)(C), 23 and 25 of the N.D.P. S. Act.

3. As per the prosecution case, the informant apprehended the petitioner and other accused persons and recovered 1 Kg. 50 Gram Charas like substance, mobile phone and other equipments used for cutting of ATM like blade cutter, Iron rod etc., from their vehicle. On being asked, the co-accused

Patna High Court CR. MISC. No.29775 of 2025(2) dt.15-07-2025 2/3 Rajesh Kumar disclosed that the accused persons including the petitioner are friends and they used to cut ATM and are also indulged in illegal business of narcotic substances. He further disclosed that other equipments used for cutting of ATM has been kept in the house of co-accused, Ful Mohammad. Thereafter, a raid at the house of the co-accused Ful Mohammad was conducted which led to recovery of one piece of 2 Kg. LPG, an Oxygen Cylinder of 10 Kg and one gas cutter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the yellow -green coloured bag containing Charas like substance was recovered from the co-accused, Rajesh Kumar with whom the petitioner has no concern. There is no statutory compliance under Section 103 of the B.N.S.S., 2023. There is also no statutory compliance under Sections 42, 52A and 55 of the N.D.P.S. Act. The other coaccused person has already been granted bail by this court vide order dated 12.05.2025 passed in Cr. Misc. No. 89494/2024. The petitioner has three criminal antecedents and in all the aforesaid cases he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 24.07.2024.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.29775 of 2025(2) dt.15-07-2025 3/3 opposed the bail petition of the petitioner and has further submitted that the seized contraband is commercial quantity.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, 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 Special Court-1 N.D.P.S. Act, East Champaran at Motihari in connection with N.D.P.S. Case No. 91 of 2024 arising out of Kotwa P.S. Case No. 200 of 2024 with further 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 without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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