Patna High CourtCR. MISC./39868/2023bail granted

Md. Sameer v. The State Of Bihar

2023-07-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39868 of 2023 Arising Out of PS. Case No.-1356 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== MD. SAMEER S/O MD. ENUL HAQUE @ MD. EKBAL HAQUE R/O Baitul Karim Mosque, Naya Tola, P.S- Phulwarishariff, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Spl. (NDPS) Case No. 06 of 2023, arising out of Phulwarisharif P.S. Case No. 1356 of 2022, registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution, 5.92 gm. of smack was recovered from the petitioner.

4. The petitioner is in custody since 06.11.2022. He has clean antecedent. The recovery is more than the small quantity and less than the commercial quantity.

5. Considering the aforesaid facts, this application is allowed.

Patna High Court CR. MISC. No.39868 of 2023(2) dt.21-07-2023 2/2

6. Let the petitioner, above named, be released on bail after completing one year in custody, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge IVth, cum Spl. Judge, N.D.P.S., Patna in connection with Spl. (NDPS) Case No. 06 of 2023, arising out of Phulwarisharif P.S. Case No. 1356 of 2022.

7. This is also subject to the conditions that the petitioner shall mark his presence in Phulwarisharif Police Station, District- Patna on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T