Md. Jibrail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73603 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- SANHAULA District- Bhagalpur ====================================================== Md. Jibrail Son of Md. Nayeemuddin, Resident of Village- Sukhsaina, P.S.- Sanhaulla, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sanhaulla P.S. Case No. 96 of 2018 registered under Sections 20 and 22 of the N.D.P.S. Act.

142 gm. Ganja is said to have been recovered from the shop of the petitioner and petitioner was apprehended. It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has no concern with the seized article. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his shop as petitioner has refused to oblige them by giving eatable

Patna High Court Cr.Misc. No.73603 of 2018(3) dt.06-02-2019 2/2 items free of cost. Seized ganja is of small quantity. He has no criminal antecedent. He has been languishing in custody since 30.05.2018. One other co-accused, namely, Md. Faiyaz, from whose possession 150 gm Ganja has been recovered, has been enlarged on bail by a co-ordinate bench of this court vide order dated 20.07.2018 passed in Cr. Misc. No. 43597 of 2018. On the other hand learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Second Additional District & Sessons Judge, Bhagalpur in connection with Sanhaula P.S. Case No. 96 of 2018.

(Prakash Chandra Jaiswal, J) sushma/- U T