Irsad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52952 of 2021 Arising Out of PS. Case No.-131 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Irsad Khan S/O Late Israil Khan R/O Village- Bhabua Ward No. 22/25, P.S.- Bhabua, District- Kaimur At Bhabua ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with N.D.P.S. Case No.26 of 2020 arising out of Bhabua P. S. Case No.131 of 2020, instituted for the offences under Sections 18/ 21, 21(B)/ 27(A) of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 28.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 3.85 grams of smack from Tufani Gond and 9.10 grams of charas from Firoj @ Chawanni. It is further alleged that they disclosed that the smack has been purchased from the petitioner.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.52952 of 2021(2) dt.10-02-2022 2/2 name of this petitioner transpired in the confessional statement of the co-accused. The petitioner was not arrested from the spot, as such, nothing was recovered from him and Tufani Bind and Firoj Chawanni have already been granted bail by this Court. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and his name transpired in the confessional statement of the co-accused, the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIIrd-cum-Special Judge, N.D.P.S. Act, Kaimur at Bhabua in connection with N.D.P.S. Case No.26 of 2020 arising out of Bhabua P. S. Case No.131 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T