Imran Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36653 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- AMARPUR District- Banka ====================================================== Imran Ansari Son of Aslam Ansari @ Md. Aslam Ansari Resident of Quaz Walichak, Ward no. 19, P.S. - Tatarpur, Distt. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Najmul Hodda, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Amarpur P.S. Case No. 24 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 20.01.2023.
The allegation against the petitioner is to have in possession of 4 litres of cough syrup, where one of its composition is codeine and 1200 tablets of Nitrazapam. Learned counsel appearing on behalf of the petitioner submitted that initially F.I.R. was lodged under Bihar
Patna High Court CR. MISC. No.36653 of 2023(3) dt.06-07-2023 2/3 Prohibition and Excise Act, 2016, but charge-sheet submitted in this case under N.D.P.S. Act, 1985 for the reason that the alleged cough syrup found with codeine which falls under narcotic substances and prohibited under N.D.P.S. Act, 1985. It is submitted that even quantity of said codeine will be taken into consideration, it would not be more than smaller quantity and, as such, the offence, as alleged, appears bailable in nature. It is submitted that similarly situated co-accused, namely, Ashish Kumar Bhagat has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 34398 of 2023 vide order dated 25.05.2023. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above and by taking note of the fact as similarly situated coaccused granted bail, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 20.01.2023, accordingly, above named petitioner is directed to be released on bail in connection with Amarpur P.S. Case No. 24
Patna High Court CR. MISC. No.36653 of 2023(3) dt.06-07-2023 3/3 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Banka/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T