Patna High CourtCR. MISC./53877/2023allowed

Sarfaraj Alam @ Sarfaj Alam v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53877 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Sarfaraj Alam @ Sarfaj Alam S/O- Anamul Haque Resident Of VillageKumiyahi Ward No-05 , Police Station - Bhattawari, District -SUNSARI Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 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 section 21(c) of the NDPS Act.

3. Prosecution case relates to recovery of Tramol-50 capsule which is 4800 in numbers from the possession of the petitioner.

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. The recovered illegal medicine does not come within the purview of commercial quantity as per NDPS Act. He has no concern with the seized

Patna High Court CR. MISC. No.53877 of 2023(4) dt.29-11-2023 2/2 article and also nothing has been recovered from the conscious possession of the petitioner. A statement has been made in para3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.05.2023.

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 after framing of charge if the charge is not framed in connection with Birpur P.S. Case No. 155 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Supaul.

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