Patna High CourtCR. MISC./43610/2023bail granted

Nigarish Alam v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43610 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== NIGARISH ALAM S/O AFSAR ALAM R/O VILLAGE- LAKHNIPUR, MAHESHPATTI, PS. UJIARPUR, DIST. SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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 Samastipur Town P.S. Case No. 128 of 2023 dated 23.05.2023 registered for the offence punishable u/s 8 and 20(a)(1) of the N.D.P.S Act.

4. As per the prosecution case, total 500 grams of ganja was recovered from the dickey of the motorcycle.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43610 of 2023(2) dt.27-07-2023 2/2 this case. The seized contraband is of small quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.05.2023

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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 concerned, Samastipur in connection with Samastipur Town P.S. Case No. 128 of 2023.

8. The application stands allowed.

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