Md. Tabrez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52413 of 2022 Arising Out of PS. Case No.-212 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== MD. TABREZ Son of Md. Ibrahim Resident of Village - Kasba Road Gulabbagh, P.s.- Sadar, Distt.- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-09-2022 Heard the parties.

The petitioner has renewed his prayer for regular bail in connection with Special Case No. 28 of 2021 / CIS No. - 28 of 2021 ( NDPS Act ) arising out of Purnia Sadar PS Case No. 212 / 2021 registered under Section 8(c) / 21 (b) of the N.D.P.S. Act inasmuch as earlier bail application of the petitioner was rejected vide Cr. Misc. No. 46784 / 2021 along with analogous case by order dated 26-04-2022 granting liberty to the petitioner to renew his prayer for bail after three months if the trial does not register any progress.

Total quantity of 10.70 grams of brown sugar has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.52413 of 2022(2) dt.28-09-2022 2/3 Learned counsel for the petitioner submits that quantity of brown sugar allegedly recovered from possession of the petitioner is less than commercial quantity. He next submits that similarly situated co-accused / Bishu Kumar Sharma @ Vishu Kumar Sharma and Md. Nasim @ Md. Nashim @ Chhotu have been granted the privilege of bail by this Court vide Cr. Misc. No. 46309 / 2022 & Cr. Misc. No. 48234 / 2022 respectively. He further submits that the petitioner is in custody since 25/04/2021 and has got no criminal antecedent. Having regard to the submissions made by the parties and taking into consideration the fact that petitioner is in custody since 25-04-2021, similarly situated co-accused have been granted bail by this Court and this is 2nd attempt for bail on behalf of the petitioner, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (rupees twenty thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge N.D.P.S. Act, Purnea in connection with Special Case No.- 28 of 2021 / CIS No. - 28 of 2021 ( NDPS Act ) arising out of Purnia Sadar P.S. Case No. 212 / 2021 subject to the condition that the petitioner shall be

Patna High Court CR. MISC. No.52413 of 2022(2) dt.28-09-2022 3/3 well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds shall be liable to be cancelled.

praful/- (Anil Kumar Sinha, J) U T