Md. Nafis Alam @ Md. Nafis @ Nafis Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49756 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== MD. NAFIS ALAM @ MD. NAFIS @ NAFIS ALAM SON OF IMAMUDDIN RESIDENT OF VILLAGE - SABUTAR, WARD NO.9, P.S. - K. NAGAR, DISTRICT - PURNEA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sadar P.S. Case No. 30 of 2024 instituted for the offences under Sections 8(c), 21(b) of the N.D.P.S. Act.
3. Prosecution case, in short, is that 52 grams of brown sugar has been recovered in this case.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 10.01.2024 and has two criminal antecedents. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered
Patna High Court CR. MISC. No.49756 of 2024(3) dt.18-09-2024 2/2 from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. 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, recovered contraband being less than commercial quantity as also 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 Sadar P.S. Case No. 30 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T