Md. Ehtesham Alam @ Ehtesham Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63566 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- AMAUR District- Purnia ====================================================== Md. Ehtesham Alam @ Ehtesham Alam S/o Abdul Wahab Resident ofSarbaili, ward no 05, PS- Amour, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Fazle Karim, Adv For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 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 Amour P.S. Case No. 168 of 2024 dated 01.05.2024 registered for the offences punishable u/s 21(a), 21(b) of the N.D.P.S. Act.
3. As per the prosecution case, total 45 grams of smack like substance was recovered from the Gumti (betel shop) of the petitioner. On being asked, the petitioner told that the co-accused Md. Islam delivered the said smack to him.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged
Patna High Court CR. MISC. No.63566 of 2024(2) dt.01-10-2024 2/2 recovery. The seized contraband is less than the commercial quantity. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.05.2024.
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 and 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, Purnea in connection with Amour P.S. Case No. 168 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T