Md Gulfaraj @ Bullu @ Md. Bablu @ Md Khalid @Md. Bullu @ Khalid @ Bablu @ Gulfaraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36349 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Md Gulfaraj @ Bullu @ Md. Bablu @ Md Khalid @MD. Bullu @ Khalid @ Bablu @ Gulfaraj S/O Md Shahbaj R/O Mukeri Tola, Fatehpur, P.S.-Industrial Area, District-Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(b) (ii)(c), 22 of the NDPS Act.

As per prosecution case, co-accused persons were apprehended on the spot and from room of co-accused total 7 kg ganja like substance was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner has no

Patna High Court CR. MISC. No.36349 of 2023(2) dt.03-07-2023 2/3 concern with the alleged recovery and nothing incriminating article has been recovered from his conscious possession rather it was recovered from room of co-accused and the recovered 7 kg ganja like substance is also below commercial quantity. It is further submitted that the petitioner suo-motu surrendered on 29.04.2023 and since then he is languishing in judicial custody.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Industrial Area P.S. Case No. 163 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Bhagalpur.

(Sunil Kumar Panwar, J) lata/- U T

Patna High Court CR. MISC. No.36349 of 2023(2) dt.03-07-2023 3/3