Md. Samir @ Md. Ramjan Ali @ Ramzan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35340 of 2020 Arising Out of PS. Case No.-301 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Md. Samir @ Md. Ramjan Ali @ Ramzan, S/o Md. Anwar, Resident of Village-Sadatpur, P.S.-Kanti, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2021 Heard Mr. Ashok Kumar Sinha, learned Counsel for the petitioner and Mr. Nityanand Tiwary, learned Additional Public Prosecutor for the State.
This application, for grant of regular bail, arises out of Kanti Police Station Case No. 301 of 2020, disclosing offences under Sections 399/402/411 of the Indian Penal Code and Sections 8, 20, 22 of N.D.P.S. Act and Section 25(1-b)a, 26, 35 of the Arms Act.
The allegation, as per the First Information Report is that on the basis of secret information that some criminal have assembled near Imli Chowk, police proceeded towards the place of occurrence and upon seeing the police party, the accused persons started fleeing away, however, petitioner along with other accused persons were arrested by the police and from possession of the
Patna High Court CR. MISC. No.35340 of 2020(3) dt.01-02-2021 2/2 petitioner, 1⁄2 k.g. Ganja was recovered.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the police. Learned counsel next submits that the petitioner has got no criminal antecedent and only 1⁄2 k.g. Ganja was recovered from his possession which is less than small quantity and the petitioner is in custody since 30.05.2020.
Having regard to the submissions made by the parties and taking into consideration the fact that petitioner is not having any criminal antecedent and 1⁄2kg Ganja was recovered from the possession of the petitioner which is less than the small quantity and he is in custody since 30.05.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, Md. Samir @ Md. Ramjan Ali @ Ramzan, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Session-cum-Special Judge, Muzaffarpur, in connection with Kanti Police Station Case No. 301 of 2020. sanjeev/- (Anil Kumar Sinha, J) U T