Ful Mohammad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40643 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Ful Mohammad S/o Jumma Miya Resident of Vill- Jalha, P.S.- Sangrampur, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/s :
Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with N.D.P.S. Case No. 91 of 2024 (CIS 91/2024), arising out of Kotwa P.S. Case No. 200 of 2024 dated 23.07.2024 registered for the offences punishable under Sections 111, 310(4), 310(5), 303(2) of the B.N.S. and Sections 8, 15, 17(c), 18(c), 20(b)(ii) (C), 23 and 25 of the N.D.P. S. Act.
3. As per the prosecution case, the informant apprehended the petitioner and other accused persons and recovered 1 Kg. 50 Gram Charas like substance, mobile phone and other equipment using in cutting of ATM like blade cutter, Iron rod etc., from their vehicle. On being asked, the co-accused Rajesh Kumar disclosed that the accused persons including the
Patna High Court CR. MISC. No.40643 of 2025(3) dt.17-09-2025 2/3 petitioner are friends and they used to cut ATM and are also indulged in illegal business of narcotic substances. He further disclosed that other equipment for cutting of ATM has been kept in the house of Ful Mohammad. Thereafter, a raid at the house of the petitioner, Ful Mohammad was conducted which led to recovery of one piece of 2 Kg. LPG, an Oxygen Cylinder of 10 Kg and one gas cutter.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the yellow -green coloured bag containing Charas like substance was recovered from the co-accused Rajesh Kumar with whom the petitioner has no concern. There is no statutory compliance under Section 103 of the B.N.S.S., 2023. There is also no statutory compliance under Sections 42, 52A and 55 of the N.D.P.S. Act. The other coaccused person has already been granted regular bail by this court vide order dated 12.05.2025 passed in Cr. Misc. No. 89494/2024. The petitioner has three criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 24.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has further
Patna High Court CR. MISC. No.40643 of 2025(3) dt.17-09-2025 3/3 submitted that the seized contraband is commercial quantity.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-1 N.D.P.S. Act, Motihari, East Champaran in connection with N.D.P.S. Case No. 91 of 2024 arising out of Kotwa P.S. Case No. 200 of 2024 with the condition:- (i). The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T