Patna High CourtCR. MISC./43253/2023bail granted

Md. Zami @ Zami v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43253 of 2023 Arising Out of PS. Case No.-159 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== MD. ZAMI @ ZAMI Son of Md. Shahbaz @ Shavaj Resident of village - Mukeri Tola, Fatehpur, P.S.- Industrial Area, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. 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 Industrial Area P.S. Case No. 159 of 2021(NDPS Case No. 81 of 2021) dated 2.10.2021 registered for the offence punishable u/s 20(b)(ii)(c), 22 of the NDPS Act.

4. As per the prosecution case, total 159 kg of ganja is

Patna High Court CR. MISC. No.43253 of 2023(2) dt.25-07-2023 2/3 alleged to have recovered from the houses of the co-accused persons. On interrogation, the police came to know from the brother of the petitioner, Md. Jami is involved in the illegal trade of ganja in large scale.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 30.6.2022 passed in Cr. Misc. No. 21215 of 2022. The petitioner is accused in 3 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 19.2.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the seized contraband is of commercial quantity.

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

Patna High Court CR. MISC. No.43253 of 2023(2) dt.25-07-2023 3/3 concerned, Bhagalpur in connection with Industrial Area P.S. Case No. 159 of 2021 (NDPS Case No. 81 of 2021).

8. The application stands allowed.

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