Md. Firoz @ Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57072 of 2021 Arising Out of PS. Case No.-189 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Firoz @ Firoz, aged about 25 years (Male), Son of Late Md. Reyazuddin Resident of Village - Naya Tola, P.S.- Phulwarisharif, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan, Adv.

For the State :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-02-2022 Learned counsel for the petitioner is permitted to make rectification in the prayer portion of the bail petition. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Phulwarisharif P.S. Case No. 189 of 2021 instituted for the offences under Sections 20/22 of the N.D.P.S. Act but, the charge-sheet has been submitted under Section 21(B) read with Section 8(c) and 27 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 23.02.2021 , is a person with clean antecedent and charge-sheet has been submitted and the charges

Patna High Court CR. MISC. No.57072 of 2021(2) dt.24-02-2022 2/3 have been framed.

There is an allegation of recovery of 10 gm. of brownsugar from the petitioner. Learned counsel for the petitioner submits that from the allegation as alleged in the F.I.R., it would manifest that the Informant did not weigh the alleged seized substance rather in the F.I.R., it is recorded that it was the petitioner who disclosed the weight of the alleged seized substance. Learned counsel for the petitioner further submits that it appears that the petitioner has been falsely implicated in the present case and submits that even assuming what has been alleged is true but, without admitting for the purpose of bail, the alleged recovery is of 10 gm of brown-sugar which is little more than the small quantity and much less than the commercial quantity as the commercial quantity is 250 gm whereas the small quantity is 5 gm. It is, however submitted that it is the first offence of the petitioner and the petitioner is a young man aged 25 years of age. 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, is a person with clean antecedent and charge-sheet has been submitted and that the alleged recovery is little more than the

Patna High Court CR. MISC. No.57072 of 2021(2) dt.24-02-2022 3/3 small quantity but, much less than the commercial quantity and it is the first offence of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XVI, Patna in connection with Phulwarisharif P.S. Case No. 189 of 2021 subject to a condition that one of the bailors shall be mother of the petitioner, namely, Akhtari Khatoon. (Satyavrat Verma, J) rishi/- U T