Patna High CourtCR. MISC./50155/2023bail granted

Babar Ali @ Md. Babar Ali @ Babar Alli v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50155 of 2023 Arising Out of PS. Case No.-158 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== BABAR ALI @ MD. BABAR ALI @ BABAR ALLI SON OF ATAUL ALI @ ATAUL SHEKH @ ATAUL ALI SHEKH R/O-SUJAPUR BABUNGRAM, P.S.-KALIYACHACK, DISTT.-MALDA (WEST BENGAL) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Jaynagar P.S. Case No. 158 of 2023 dated 15.4.2023 registered for the offence punishable u/s 8, 21 and 22 of the NDPS Act.

4. As per the prosecution case, 100 gms of brown sugar, a weighing machine, a silver coated paper roll machine are alleged to have recovered from the possession of the

Patna High Court CR. MISC. No.50155 of 2023(2) dt.09-08-2023 2/2 petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The seized contraband is not of the commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.4.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Jaynagar P.S. Case No. 158 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T