Md. Sadik Sheikh @ Md. Sadik Shekh @ Mohammad Sadik @ Sadique Sheik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45395 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== MD. SADIK SHEIKH @ MD. SADIK SHEKH @ MOHAMMAD SADIK @ SADIQUE SHEIK son of Baddu Shekh @ Sekh Badu @ Mohammad Badu @ Md. Badu Village- ward no-7, Bhagwatipur @ Bhagawatipur ward no-7 Bela Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20(b) (ii) (B) of the N.D.P.S. Act.

The prosecution story is that the informant got secret information about illegal trading of Ganja, thereafter, he reached at the place and apprehended the petitioner along with coaccused. On search, total 1.4 kilogram ganja was recovered from their motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to high

Patna High Court CR. MISC. No.45395 of 2023(5) dt.19-12-2023 2/2 handedness of the police officials. The petitioner has no concern with the alleged recovery of ganja and the same was lesser than commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the recovered vehicle does not belong to the petitioner. Moreover, he is languishing in judicial custody since 14.05.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Majorganj P.S. Case No. 134 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS, Act, Sitamarhi. (Sunil Kumar Panwar, J) manishkumar/- U T