Md. Mithun @ Md. Mithu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41978 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Md. Mithun @ Md. Mithu S/O Late Md. Zamil @ Jamil Ahmed @ Jamil R/O Mohalla- Majhauliya, Ward No. 04, P.S- Sadar, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NDPS Case No. 51 of 2024, arising out of Sadar P.S. Case No. 100 of 2024, instituted for the offences under Sections 8(c) and 21(b) of N.D.P.S. Act.

3. Prosecution allegation, in short, is that, 14 gram smack like substance has been recovered from the pocket of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.41978 of 2024(2) dt.19-06-2024 2/2 possession of the petitioner. Learned counsel for the petitioner further submits that the recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 16.02.2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with NDPS Case No. 51 of 2024, arising out of Sadar P.S. Case No. 100 of 2024.. (Rudra Prakash Mishra, J) Rajorshi/- U T