Patna High CourtCR. MISC./45332/2024bail granted

Md. Gulab v. The State Of Bihar

2024-07-19Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45332 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- JOGBANI District- Araria ====================================================== Md. Gulab S/o Md. Kalim @ Kalim Mohammad R/o Village Purani Jogbani Police Station Jogbani District Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Special Case no. 55 of 2023 (arising out of Jogbani P.S. Case no. 178 of 2023) registered under section 414 of the Indian Penal Code, sections 21 and 22 of the N.D.P.S. Act and sections 25(1-B)(a) and 26 of the Arms Act.

3. As per the prosecution case, 56 grams of brown sugar and 16 bottles of codeine rich cough syrup was recovered from the possession of the petitioner, besides other articles from the co-accused.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.45332 of 2024(3) dt.19-07-2024 2/3 earlier prayer for bail of the petitioner was rejected vide order dated 18.1.2024 (Annexure- P/1) passed in Cr. Misc. no. 1199 of 2024. It is further submitted in reference to the orders brought on record as Annexure- P/3 series to this petition that a number of persons accused in this very F.I.R have been enlarged on bail and the case of this petitioner stands on a similar if not better footing than that of co-accused Md. Ashique who has been enlarged on bail vide order dated 9.1.2024 passed in Cr. Misc. no. 84555 of 2023. The petitioner is in custody since 11.7.2023 and undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the petitioner being in custody for one year since 11.7.2023, not having any criminal antecedent, charge-sheet having been submitted in the case and grant of bail to coaccused Md. Ashique vide order dated 9.1.2024, the petitioner is directed to be enlarged on bail in connection with Special Case no. 55 of 2023 (arising out of Jogbani P.S. Case no. 178 of 2023) on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.45332 of 2024(3) dt.19-07-2024 3/3 satisfaction of learned Special Judge, (NDPS)-cum-1st Additional District & Sessions Judge, Araria. (Partha Sarthy, J) Harsh/- U T