Md. Taushif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64539 of 2023 Arising Out of PS. Case No.-818 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Md. Taushif Son Of Md. Raju R/O-Sakin-Khalilpura, P.S.-Phulwarisahrif, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushtubh Ms. Neha Raghubanshi For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399 and 402 of the Indian Penal Code, Sections 20(b) (ii) (A), 22(b) and 29 of the NDPS Act and Sections 25(1-b)a,26 and 35 of Arms Act.

3. As per FIR, police team apprehended petitioner along with other co-accused persons while they were planning to commit crime and from the possession of this petitioner, two live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case by the police due to his

Patna High Court CR. MISC. No.64539 of 2023(3) dt.25-01-2024 2/2 criminal antecedent. He has no concern with the seized articles. No any narcotic drugs have been recovered from the possession of this petitioner. Similarly situated other co-accused persons have already been granted bail by this Bench vide order dated 17.10.2023 and 10.01.2024 passed in Cr. Misc. No.65740 of 2023 and Cr. Misc. No. 84400 of 2023 respectively. Moreover, the petitioner is languishing in judicial custody since 04.09.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kankarbagh P.S. Case No. 818 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S.-cum- A.D.J.-IV, Patna.

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