Md. Hamidul @Hamidul Ansari @Hamidul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39049 of 2024 Arising Out of PS. Case No.-28 Year-2023 Thana- GALGALIYA District- Kishanganj ====================================================== Md. Hamidul @Hamidul Ansari @Hamidul S/O Late Maboob @Md. Mehabub R/O Village Darbhangiya Tola, P.S. Galgalia, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Shweta For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8(c), 21(b) of the NDPS Act.
3. As per the prosecution case, there is recovery of 22.750 grams of brown sugar and cash of Rs.48,690/- from the possession of the petitioners.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in
Patna High Court CR. MISC. No.39049 of 2024(2) dt.31-07-2024 2/2 nature. Some of the co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 19.12.2023 passed in Cr. Misc. No. 51584 of 2023. The petitioner has no criminal antecedent and has been languishing in custody since 18.03.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid and the fact that no contraband article has been recovered from conscious possession of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Galgalia P.S. Case No. 28 of 2023.
(Anjani Kumar Sharan, J) anand/- U T