Patna High CourtCR. MISC./43966/2023bail granted

Mumtaz Alam v. The State Of Bihar

2023-07-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43966 of 2023 Arising Out of PS. Case No.-704 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== MUMTAZ ALAM S/O JAMIR MIYAN R/O Village- Sham Kauria, PS. Ishuapur, Dist.Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Chapra Mufassil P.S. Case No. 704 of 2022 dated 25.09.2022 registered for the offences punishable u/ss 8/20(b)(ii)(B) of the N.D.P.S. Act.

4. As per the prosecution case, 3.178 Kg of ganja is alleged to have recovered from the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43966 of 2023(2) dt.31-07-2023 2/2 this case. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the vehicle. The seized contraband is not of commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.09.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Court concerned, Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 704 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T