Patna High CourtCR. MISC./52964/2021bail granted

Md. Danish v. The State Of Bihar

2021-12-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52964 of 2021 Arising Out of PS. Case No.-418 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MD. DANISH S/o MD. ABU DARDAR R/o VILLAGE-JALKORA, WARD No.09, P.S-GANGAUR, DISTRICT-KHAGARIA, PRESENTLY RESIDING AT GACHI TOLA, WARD No.30, P.S-BEGUSARAI TOWN, DISTRICTBEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Begusarai Town P.S. Case no. 418 of 2021 giving rise to NDPS Case no. 19/2021 registered for the offence punishable under sections 275, 276/34 IPC read with section 30(a) of Bihar Prohibition and Excise Act, sections 227(b)(ii), 27(d) and 28 of Drug and Cosmetic Act, 1940 and sections 8(c), 21(c) of NDPS Act. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.52964 of 2021(2) dt.24-12-2021 2/2 petitioner is in custody since 8.7.2021, is persons with clean antecedent and charge sheet has been submitted. Allegation is recovery of 313 bottle of medicine of various brands recovered from the house of Gunjan Singh. It is submitted that the petitioner was arrested as he was also standing outside the place of occurrence. Learned counsel submits that admittedly from FIR it would manifest that medicine bottle was recovered from the house of Gunjan Singh and nothing has been recovered from this petitioner.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody, is person with clean antecedent and charge sheet has been submitted and recovery of alleged bottle of medicine from the house of Gunjan Singh, petitioner is directed to 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 the District & Sessions Judge-cum- Special Judge, NDPS Act, Begusarai in NDPS Case no. 19/2021 arising out of Begusarai Town P.S. Case no. 418 of 2021.

(Satyavrat Verma, J) s.hassan/- U T