Md. Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37487 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== MD. ISLAM Son of Shekh Tippan Resident of village - Sonapur, ward no. 10 , P.S. - Narpatganj, (Bathnaha), Distt. - Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Narpatganj P.S. Case No. 136 of 2023, registered for the offences punishable under Sections 21(C)/ 22 of the N.D.P.S. Act.

As per allegation, 675 bottles of Codeine, each 100 ml were recovered from Jalawan house of the co-accused Md. Sarfaraz and the petitioner.

Learned counsel for the petitioner has submitted that the petitioner of innocent and the house wherefrom the cough syrup is alleged to be recovered, is joint house of the petitioner. He is a person of clean antecedent and under custody since 20.03.2023.

Considering the above-mentioned facts and

Patna High Court CR. MISC. No.37487 of 2023(2) dt.03-07-2023 2/2 circumstances, clean antecedents as well as the period of detention, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge Cum Special Judge N.D.P.S. Act, Araria in connection with Narpatganj P.S. Case No. 136 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial till framing of the charge. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Sudha/Kundan U T