Mosaheb Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48709 of 2025 Arising Out of PS. Case No.-100 Year-2023 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Mosaheb Hussain S/o Mustak Ahamad R/o Village- Paroraha, P.S.- Sathi, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vatsal Verma, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Purushottampur P.S. case No. 100 of 2023 instituted for the offences under Sections 20(b)(ii)(B), 22, 23 and 24 of the N.D.P.S. Act.

3. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was rejected by a Coordinate Bench of this Court vide order dated 18.01.2025 passed in Cr. Misc. No. 56426 of 2024.

4. As per prosecution case, the police has recovered total 4.5 Kg. Ganja from the motorcycle bearing Regd. No. BR22-BE-1333.

Patna High Court CR. MISC. No.48709 of 2025(2) dt.04-08-2025 2/3

5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 26.04.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel for the petitioner submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner was not arrested from the place of occurrence. He further submits that the petitioner has been implicated in this case only on account of his being the registered owner of the alleged motorcycle. As a matter of fact, the co-accused Khursheed Alam had taken the motorcycle from the father of the petitioner due to some personal emergency.

The petitioner as no concern with the alleged contraband recovered by the Informant from the possession of the co-accused Khursheed Alam. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody

Patna High Court CR. MISC. No.48709 of 2025(2) dt.04-08-2025 3/3 undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Purushottampur P.S. case No. 100 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T