Patna High CourtCR. MISC./54825/2023bail granted

Md Shahwaj Alam @ Sahwaz @ Md Shahabaj v. The State Of Bihar

2023-08-30Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54825 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- AMAUR District- Purnia ====================================================== MD SHAHWAJ ALAM @ SAHWAZ @ MD SHAHABAJ, Male, aged about 27 years, S/O ABDUR RAHMAN @ ABDUL RAHMAN R/O VILLAGEMANGALPUR, PS. ROUTA, DIST. PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Hussain, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Amour P.S. Case No. 356 of 2022 dated 23.12.2022 registered for the offence(s) punishable under Section(s) 21(C)/22 and 25 of N.D.P.S. Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 15.470 grams of smack like material kept in small packets but the alleged contraband is stated to have been recovered from the possession of co-accused Mahfooz Alam @ Mahfuj Alam and as per the FIR the petitioner is stated to be present with the said co-accused as a pillion rider on the

Patna High Court CR. MISC. No.54825 of 2023(2) dt.30-08-2023 2/2 motorcycle, except this there is no any other allegation against the petitioner. Further submissions are that the petitioner has fair and clean antecedent and he has been languishing in jail since 24.12.2022 and co-accused Mahfooz Alam @ Mahfuj Alam from whose possession the alleged contraband which comes in the purview of intermediate quantity was recovered, has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.18182 of 2023.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions, this Court is inclined to accept the bail prayer of the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Amour P.S. Case No. 356 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T