Patna High CourtCR. MISC./54484/2023bail granted

Md. Sahil v. The State Of Bihar

2023-11-03Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54484 of 2023 Arising Out of PS. Case No.-303 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Md. Sahil Son Of Md. Basir Resident Of Moh-Sadpura, Milki Tola, Neem Chowk, P.S.-Kazi Mohammadpur, Distt-Muzaffarpur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Kazi Mohammadpur P.S. Case no. 303 of 2020 registered under sections 20(B) (ii) (B)/27 of the N.D.P.S. Act.

3. As per the prosecution case, 120 grams of charas (smack) and Rs. 73,400/- in cash were recovered from the house of the petitioner.

4. The earlier application for bail of the petitioner was rejected vide orders dated 4.1.2022 and 26.4.2023 (Annexure-1 series).

5. Learned counsel for the petitioner submits that no

Patna High Court CR. MISC. No.54484 of 2023(3) dt.03-11-2023 2/3 incriminating article has been recovered as alleged and the petitioner and his brother have been falsely implicated in the case. His brother co-accused Md. Shahid has been enlarged on bail vide order dated 28.6.2023 (Annexure-3) passed in Cr. Misc. No. 27855 of 2023. The petitioner is in custody since 22.11.2020 and there is no chance of the trial concluding in the near future.

6. The application for bail is opposed by learned A.P.P. for the State.

7. A report was called for from the learned Trial Court. As per the report received contained in letter dated 21.9.2023, although charge has been framed on 12.7.2023, however no witness has been examined on behalf of the prosecution and summons have been issued to the witnesses.

8. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner having remained in custody since 22.11.2020, charge having been framed in the learned Trial Court and grant of bail to the above named co-accused Md. Shahid, the Court directs the petitioner to be enlarged on bail in connection with Kazi Mohammadpur P.S. Case no. 303 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.54484 of 2023(3) dt.03-11-2023 3/3 the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge, Muzaffarpur.

(Partha Sarthy, J) ajay/- U T