Ekbal Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 37982 of 2023 Arising Out of PS. Case No.-246 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== EKBAL KHAN Son of Nasim Khan R/o Village - Bagahi, P.S.- Bihiyan, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Diwakar, Advocate For the Opposite Party/s :
Mr Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the learned APP.
The petitioner has preferred this application for grant of regular bail in connection with Shahpur PS Case No 246 of 2022 dated 12.07.2022 registered for the offence punishable under Sections 8 (c), 21 (b) of the NDPS Act. As per the prosecution case, 4.9 gms of heroin like substance was recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears clean antecedent, as stated in paragraph 3 of the bail petition. He is in custody in this case since 13.07.2022. The seized contraband is of small quantity.
Patna High Court CR. MISC. No.37982 of 2023(2) dt.07-07-2023 2/2 Learned APP has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge XVIII, Bhojpur at Ara in Shahpur PS Case No 246 of 2022 dated 12.07.2022.
This application stands allowed.
(Chandra Prakash Singh, J) M.E.H./- U T