Md. Nasim @ Md. Nashim @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48234 of 2022 Arising Out of PS. Case No.-212 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== MD. NASIM @ MD. NASHIM @ CHHOTU SON OF AFATAB @ AFTAB ALAM R/O VILLAGE- KABRISTAN TOLA, GULAB BAGH ZEROMILE, P.S.- SADAR, DISTRICT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-09-2022 Heard the parties.

Petitioner has renewed his prayer for bail inasmuch as earlier bail application of the petitioner was dismissed vide order dated 26.04.2022 passed in Cr. Misc. No. 46350/2021 with an observation that the petitioner may renew his prayer for bail after three months if the trial does not show any progress. Total quantity of 10.70 grams of brown sugar has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that while rejecting the earlier bail application of the petitioner, this Court had granted liberty to the petitioner to renew his prayer for bail after three months. He next submits that petitioner is in custody since 25.04.2021 having no criminal antecedents and the quantity of brown sugar, allegedly, recovered from possession of

Patna High Court CR. MISC. No.48234 of 2022(2) dt.14-09-2022 2/2 the petitioner is less than commercial quantity. Regards being had to the submissions made by the parties and taking into consideration the fact that this is the second attempt for bail on behalf of the petitioner, he is in custody since 25.04.2021 having no criminal antecedent and the quantity of brown sugar, allegedly, recovered from possession of the petitioner is less than commercial quantity, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, namely, MD. NASIM @ MD. NASHIM @ CHHOTU be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS Act, Purnea in connection with Special Case No. 28/2021 giving rise to Sadar PS Case No. 212/2021, subject to the condition that the petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) perwez U T