Patna High CourtCR. MISC./61288/2024bail granted

Md. Haider Mia @ Mohammad Haider Miya v. The State Of Bihar

2024-09-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61288 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- Basmatia District- Araria ====================================================== Md. Haider Mia @ Mohammad Haider Miya son of latif Mia Resident of Village- Jadganj ward no 08, Sripur Jabdi, P.S.-Lokhi, District -Sunsari (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Basmatiya P.S. Case No. 04 of 2024 dated 24.04.2024 registered for the offences punishable u/ss 8/20(b), (ii) (B) of Narcotic Drugs and Psychotropic Substance Act.

3. As per the prosecution case, total 8.3 Kg. ganja kept in sack was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case merely on suspicion. It is further submitted that the seized contraband is less than the commercial quantity. The petitioner has no concern

Patna High Court CR. MISC. No.61288 of 2024(2) dt.10-09-2024 2/2 with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Basmatiya P.S. Case No. 04 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T