Md. Jabed @ Md. Jabed Alam @ Md. Jawed Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56975 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Md. Jabed @ Md. Jabed Alam @ Md. Jawed Alam S/o Md. Jabbar @ Abdul Jabbar @ Md. Abdul Jabbar Khan R/o vill - Sour Bazar, P.s .- Sour Bazar, Distt. - Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha, Advocate Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sour Bazar P.S. Case No. 107 of 2024, Special Case No. 02 of 2024 instituted under Sections 8/20(b)(ii)(a) of the N.D.P.S. Act.
3. As per the prosecution case, there is recovery of 1 kg 5 gram ganja from the shop and the house of the co-accused Md.
Patna High Court CR. MISC. No.56975 of 2024(2) dt.04-09-2024 2/3 Jabbar. The allegation against the petitioner is that he was also involved in the sell and purchase of contraband ganja.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to suspicion. The petitioner is a student of M.A. and preparing for his examination. Nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner has no criminal antecedent and he never involved in the said sell and purchase of ganja as alleged. The petitioner was neither present at the shop nor at the house at the time of raid. The petitioner lives in Saharsa for preparation of examination. The petitioner undertakes to co-operate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Sessions Judge, Saharsa in connection with Sour Bazar
Patna High Court CR. MISC. No.56975 of 2024(2) dt.04-09-2024 3/3 P.S. Case No. 107 of 2024, Special Case No. 02 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashishkr/- U T