Munna Miya @ Munna Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44235 of 2023 Arising Out of PS. Case No.-151 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== MUNNA MIYA @ MUNNA ALAM Son of Murtuja Mian @ Murtaza Ali Resident of Village - Sripur, P.S.- Sugauli, District - East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023

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 Sugauli P.S. Case No. 151 of 2022 dated 18.03.2022 registered for the offences punishable u/ss 8/20(b)(ii)(c) of the NDPS Act.

4. As per the prosecution case, 30.7 Kg of ganja is alleged to have recovered from the hut of the co-accused Roz Mohammad Mian.

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.44235 of 2023(2) dt.31-07-2023 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The name of the petitioner has surfaced on the basis of the confessional statement of the apprehended person. The seized contraband is recovered from the possession of the co-accused. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 10.04.2023.

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, East Champaran at Motihari in connection with Sugauli P.S. Case No. 151 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T