Zahid @ Zahid Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47879 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- THAKURGANJ District- Kishanganj ====================================================== Zahid @ Zahid Sah S/o Zakir R/o Vill - Gourihat P.S. - Pothia District Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Thakurganj P.S. Case No. 61 of 2024 dated 18.04.2024 registered for the offences punishable under Section 21(b), 23(b) and 29 of the N.D.P.S. Act.

3. As per the prosecution case, total 106.49 gms. brown sugar was recovered from the pocket of the Zahid (petitioner) and the petitioner along with the co-accused was sitting on the motorcycle who were apprehended while trying to flee away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The seized contraband is less than commercial quantity.

Patna High Court CR. MISC. No.47879 of 2024(2) dt.30-07-2024 2/2 The petitioner has one criminal antecedent which is related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 18.04.2024.

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

6. 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 District and Sessions Judge-cum-Special Judge, (NDPS Act), Kishanganj in connection with Thakurganj P.S. Case No. 61 of 2024, with conditions:- (i) That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii) If the petitioner is found involved in similar nature of offence in future, his bail bonds are liable to be cancelled.

7. The application stands allowed.

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