Patna High CourtCR. MISC./43855/2017bail granted

Md. Irshad v. The State Of Bihar

2017-09-21Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43855 of 2017 Arising Out of P.S.Case No. -78 Year- 2017 Thana -MUZFFARPUR GRP CASE DistrictMUZAFFARPUR ====================================================== Md. Irshad Son of Abdul Hashan, R/o Mohalla- Chhoti Kalyani, P.S.- Town, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-09-2017 Heard.

2. The petitioner is in custody in connection with Muzaffarpur Rail (N.D.P.S) Case No.78 of 2017 registered for an offence under Sections 401 and 414 of the IPC and Sections 8/22 of the NDPS Act.

3. It has been submitted that this petitioner and two others were apprehended by police over bridge of Muzaffarpur railway station and from the possession of this petitioner six tablets of ativan was recovered. It has been alleged that this petitioner and apprehended two accused were indulged in administering some narcotic substance in order to steal the articles from the railway passengers.

4. The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.43855 of 2017 (2) dt.21-09-2017 2/2 petitioner is resident of same locality and has been arrested merely on suspicion and petitioner is in custody since 22.06.2017 having clean antecedent. It is also submitted that no allegation of NDPS Act is made out.

5. The learned APP opposed the submission.

6. Considering the allegation facts and circumstances, prayer is allowed and the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Muzaffarpur in connection with Muzaffarpur Rail (NDPS) Case No.78 of 2017.

(Sanjay Kumar, J) B.Kr./- U T