Arman Khan @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43481 of 2022 Arising Out of PS. Case No.-594 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== Arman Khan @ Golu Son Of Sajid Khan Resident Of Mohalla- Machhligali, Rajabazar, P.S.- Shastri Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Shastri Nagar P.S. Case No.594 of 2021 registered for the offences punishable under Sections 8(c) and 21(b) of the N.D.P.S Act.

As per the prosecution, the informant along with other police personnel acting upon a secret information raided the alleged place and apprehended this petitioner along with other co-accused persons and upon making search from the possession of this petitioner 10 pudiyas of narcotic material

Patna High Court CR. MISC. No.43481 of 2022(2) dt.24-11-2022 2/3 suspected to be smack, cash of Rs.12000/- and a mobile phone were recovered and from the possession of the co-accused persons 27 pudiyas of narcotic material suspected to be smack and some cash were recovered.

The main submissions advanced by the learned counsel Mr. Dhirendra Singh appearing for the petitioner are that the alleged contraband suspected to be smack which was allegedly recovered from the possession of this petitioner comes under the purview of lesser than commercial quantity and similarly situated three co-accused persons have been granted bail by a co-ordinate Bench of this Court vide orders passed in Cr. Misc. No.25465 of 2022 and Cr. Misc. No.26224 of 2022 and the petitioner has been languishing in jail since 01.12.2021 having clean antecedent.

Learned APP Mr Narsingh Tanti appearing for the State has opposed the bail prayer.

In view of above submissions and mainly considering the petitioner's clean antecedent and his custody period and also coupled with this fact that 23 gm narcotic material suspected to be smack kept in small pouches is stated to have been recovered from this petitioner and co-accused persons which comes under the purview of lesser than commercial

Patna High Court CR. MISC. No.43481 of 2022(2) dt.24-11-2022 3/3 quantity, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Shastri Nagar P.S. Case No.594 of 2021.

(Shailendra Singh, J.) murli/- U T