Md Yakub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41933 of 2022 Arising Out of PS. Case No.-621 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Md Yakub Son Of Late Kalimuddin Resident Of Village - Baturbari, Ward No.10, P.S.- Tarabari, Distt.- Araria.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Majid Mahboob Khan For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Forbesganj P.S. Case No. 621 of 2022 registered for the offence under Sections 21(C) of the Narcotics Drugs and Psychotropic Substance Act (N.D.P.S. Act).

Prosecution case relates to recovery of total 385 liters Codeine cough syrup from a vehicle bearing Registration No. BR-38Z-8684.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 8 & 9 of the petition that petitioner is neither driver nor the owner of the vehicle in question from where the recovery has

Patna High Court CR. MISC. No.41933 of 2022(3) dt.04-01-2023 2/2 been made and nothing has been recovered from the conscious possession. It is further submitted that provision of N.D.P.S. Act is not attracted against the petitioner. A statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 18.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Forbesganj P.S. Case No. 621 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Araria.

(Sunil Kumar Panwar, J) amandeep/- U T