Md. Afroz @ Gabbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32783 of 2020 Arising Out of PS. Case No.-277 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MD. AFROZ @ GABBAR Son of Md. Sakur Resident of Mohalla - Tinkothia, P.S.- Mithanpura, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 04.05.2020 in connection with Town P.S. Case No. 277/2020 registered for the offences punishable under Sections 20/22 of the NDPS Act. As per the prosecution case, 135 grams of smack was recovered from the possession of this petitioner. It is submitted that mandatory provisions of the Act with regard to search and seizure has not been complied with. It is further submitted that the alleged recovery comes under the category of small quantity. It is further submitted that chargesheeet has already been submitted and the petitioner has got clean antecedent.

Considering the aforementioned facts and

Patna High Court CR. MISC. No.32783 of 2020(2) dt.07-12-2020 2/2 circumstances, the bail application of this petitioner is allowed. 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 learned Sessions Judge cum Special Judge, Muzaffarpur, in connection with Town P.S. Case No. 277/2020.

(Prabhat Kumar Singh, J) Saif/- U T