Patna High CourtCR. MISC./52987/2021bail granted

Md. Samsad v. The State Of Bihar

2022-02-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52987 of 2021 Arising Out of PS. Case No.-189 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Samsad S/o Md. Islam R/o Naya Tola, P.S- Phulwarisharif, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-02-2022 Heard learned counsel for the petitioner and Shri Nityanand, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Special Case No. 18 of 2021 arising out of Phulwari Sharif P.S. Case No. 189 of 2021 instituted for the offences under Sections 20 and 22 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 24.02.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of five grams brown sugar from the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.52987 of 2021(2) dt.14-02-2022 2/2 admittedly, the recovery is of small quantity as alleged and the petitioner has been falsely implicated showing false recovery from him.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 24.02.2021, charge-sheet has been submitted in the case, the petitioner is a person with clean antecedent and it is his first offence, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XVI, Patna in connection with Special Case No. 18 of 2021 arising out of Phulwari Sharif P.S. Case No. 189 of 2021 with a condition that one of the bailor shall be the father of the petitioner (Md. Islam). (Satyavrat Verma, J) Rishi/- U T