Patna High CourtCR. MISC./43714/2023bail granted

Md. Zubair Alam v. The State Of Bihar

2023-07-31Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43714 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== MD. ZUBAIR ALAM S/o- MD. AZAD Mohalla- Laruara Ward no-9, Mufassil Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shahid Akhtar, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023 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 N.D.P.S. Case No. 24 of 2023 arising out of Teghra P.S. Case No. 150 of 2023 dated 08.05.2023 registered for the offences punishable u/ss 21 and 22 of the N.D.P.S. Act.

4. As per the prosecution case, total 250 tablets of Nitracel-10 have been recovered from the possession of the petitioner. The said tablet is composition of Nitrazepam which

Patna High Court CR. MISC. No.43714 of 2023(2) dt.31-07-2023 2/3 is psychotropic substance.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the commercial quantity of Nitrazepam is 500 gms whereas the seized quantity is not commercial quantity. Nothing has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.05.2023.

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, Begusarai in connection with N.D.P.S. Case No. 24 of 2023 arising out of Teghra P.S. Case No. 150 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every

Patna High Court CR. MISC. No.43714 of 2023(2) dt.31-07-2023 3/3 date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T