Taimur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52612 of 2024 Arising Out of PS. Case No.-268 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== Taimur Alam Son Of Late Israil Resident Of Village - Baghmara, Maharajpur, P.S. - Muffasil, District - Purnea (BIHAR), Pin - 854326 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks regular bail in connection with Sadar P.S. Case No. 268 of 2024, dated 03.05.2024, registered under Section 8(c), 21(b) of the NDPS Act, 1985. 3.

As per the prosecution case, 50.4 gram of smack was recovered from the possession of the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not accused in a case under NDPS Act. The petitioner has two criminal antecedents and he is on bail in both cases. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with

Patna High Court CR. MISC. No.52612 of 2024(2) dt.07-08-2024 2/3 the alleged recovery. The petitioner is in custody since 04.05.2024.

5.

Learned A.P.P. for the State has opposed the prayer for bail.

6.

Considering the facts and circumstances of the case and the recovery of intermittent quantity of smack, this bail application is allowed.

7.

Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, NDPS Act, Purnea in connection with Sadar P.S. Case No. 268 of 2024, subject to the condition that:

The petitioner will mark his attendance at Purnea Mufassil at every Sunday of each month. Default in appearance at the local Police Station will result into cancellation of his bail bond.

8.

Before accepting the bail-bond of the petitioner, the Magistrate/Special Judge, NDPS Act, Purnea will verify the antecedent of the petitioner. If it is found that the petitioner is

Patna High Court CR. MISC. No.52612 of 2024(2) dt.07-08-2024 3/3 accused in any case under NDPS Act, his bail bond shall not be accepted and if it is found that the petitioner has clean antecedent, his bail bond shall be accepted.

(Sandeep Kumar, J) Ranjeet/- U T