Maksud Alam @ Maksood Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51584 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- GALGALIYA District- Kishanganj ====================================================== 1.

Maksud Alam @ Maksood Alam Son Of Late Md Kashim @ Kashim Khan R/O-Darbhanga Tola, Bhatgoan, P.S.-GALGALIA, Distt.-KISHANGANJ 2.

Jamirul @ Zamirul Son Of Late Habibur Rahman R/O-Darbhanga Tola, Bhatgoan, P.S.-galgalia, Distt.-kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 8(c), 21(b) of the N.D.P.S Act.

There is recovery of 22.750 grams of brown sugar and case of Rs. 48,690/- from the possession of the petitioners.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Nothing has been

Patna High Court CR. MISC. No.51584 of 2023(4) dt.19-12-2023 2/3 recovered from the conscious possession of the petitioners. The petitioners have no concern with the seized contraband. The recovery has been made from the house of Md. Hamidul. Moreover, the seized contraband does not come within the purview of commercial quantity. The petitioners are languishing in custody since 19.05.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS

Patna High Court CR. MISC. No.51584 of 2023(4) dt.19-12-2023 3/3 Act, Kishanganj in connection with Galgalia P.S. Case No. 28 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T