Md. Jainul Alam @ Jainul Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43190 of 2019 Arising Out of PS. Case No.-245 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== MD. JAINUL ALAM @ JAINUL ALAM S/o Ismile Mian R/o villageDeoriya, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through Inspector General of Sashastra Seema Bal, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 02.07.2018 has filed the instant application for grant of bail in connection with Shikarpur P.S. Case No. 245 of 2018 (District-West Champaran) registered for the offence punishable under sections 20,22 and 23 of the N.D.P.S. Act.

As per the allegation in the FIR, on search being conducted, 5.5 Kg. of Ganja is said to have been recovered from the bag which was being carried by the petitioner while the motorcycle was being driven by one Mumtaz. It is further stated that on the statement of Mumtaz the house of another co-

Patna High Court CR. MISC. No.43190 of 2019(3) dt.27-09-2019 2/2 accused Mustak Sheikh was raided from where 41⁄2 Kg. of Ganja was recovered.

It is submitted by learned counsel for the petitioner that the petitioner is in custody since 02.07.2018 and has no criminal antecedent. The allegation of recovery as made in the F.I.R. are false and concocted The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is in custody since 02.07.2018 and has no criminal antecedent, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, West Champaran in connection with Shikarpur P.S. Case No. 245 of 2018 (District-West Champaran). (Partha Sarthy, J) Bibhash/- U T