Patna High CourtCR. MISC./40315/2024bail granted

Sajjad v. The State Of Bihar

2024-07-26Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40315 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- JIYAPOKHAR District- Kishanganj ====================================================== Sajjad S/o shafik Alam R/o village-Nawa Basti Mirbhitta, P.S.-Pawakhali, District-kishanganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Jiyapokhar P.S. Case No. 04 of 2024 dated 09.03.2024, instituted for the offence punishable under Sections 8(C), 21(b) of the N.D.P.S. Act.

3. The allegation is of recovery of 13.41 grams of Brown Sugar and 1.04 gram of M.D.A. from the possession of the petitioner. Petitioner was arrested at the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that alleged recovery of brown sugar from the petitioner is more than small quantity and less than

Patna High Court CR. MISC. No.40315 of 2024(3) dt.26-07-2024 2/2 commercial quantity. Learned counsel further submitted that there is violation of Section 42 and 50 of the N.D.P.S. Act and no cogent evidence is found against the petitioner. Lastly, it has been submitted that the petitioner is in custody since 10.03.2024, he has no criminal antecedents and charge-sheet has been submitted in the case without the F.S.L report.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, -CumSpecial Judge (N.D.P.S.) Act, Kishanganj in Jiyapokhar P.S. Case No. 04 of 2024.

(Khatim Reza, J) Sankalp/- U T