Md. Abrar Warsi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55842 of 2022 Arising Out of PS. Case No.-113 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== Md. Abrar Warsi S/O Late Md. Aslam Rizwi @ Md. Aslam Rijavi Resident Of Village- Admapur, P.S.- Goraul, District- Vaishali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 399, 402/34 of the Indian Penal Code, Section 25(1-B)(a)/26/35 of Arms Act and Section 20/22 of N.D.P.S. Act there is recovery of one loaded country made pistol and 250 grams of Charas like substance from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.55842 of 2022(3) dt.20-02-2023 2/3 falsely been implicated in the present case. It is also submitted that without the report of F.S.L., the chargesheet has been submitted, alleging that the seized substance is charas. The provision and process of N.D.P.S. is not followed in this case. Moreover, the recovered narcotics like substance alleging Charas is lesser than commercial quantity as per the N.D.P.S. Act. It is further submitted that petitioner is languishing in judicial custody since 5.7.2021.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mushahari P.S. Case No. 113 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.55842 of 2022(3) dt.20-02-2023 3/3 of the learned Sessions Judge-cum-Special Judge under N.D.P.S. Act, Muzaffarpur.

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