Wasif Sheikh @ Wasef Sk v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42833 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- Mufassil District- Purnia ====================================================== Wasif Sheikh @ Wasef Sk S/o Rafibul Sheikh @ Rafikul Sheikh Resident of Kaliyachak, Silampur, P.S.- Kaliyachak, District- Malda (West Bengal) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Fazle Karim For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 84/2025 dated 02.04.2025 registered for the offence punishable u/ss 8(c), 21(c), 25 and 29 of the N.D.P.S. Act.
3. As per the prosecution case, total 517.54 grams of brown sugar (smack) was recovered from the possession of the co-accused, Vishal Uraon and one mobile phone was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case
Patna High Court CR. MISC. No.42833 of 2025(2) dt.22-07-2025 2/3 on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.04.2025. Similarly situated co-accused has already been granted bail by this court vide order dated 09.07.2025 passed in Cr. Misc. No. 39259 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner is involved in the illegal business of the said offence. It is further submitted that the seized contraband is more than commercial quantity.
6. 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, Purnea in connection with Muffasil P.S. Case No. 84/2025, with following condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable
Patna High Court CR. MISC. No.42833 of 2025(2) dt.22-07-2025 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T