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Patna High CourtCR. MISC./59768/2023allowed

Mumtaz Miya @ Budhan Miya v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59768 of 2023 Arising Out of PS. Case No.-213 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Mumtaz Miya @ Budhan Miya Son Of Hasan Imam Resident Of Village - Chhowahi, P.S. - Manjhagarh, District - Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Yogendra Tiwari For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20/22 of the N.D.P.S. Act.

As per prosecution case, the petitioner was apprehended on the spot and upon search of his shop total 100 grams ganja was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery of ganja and the same was lesser than commercial quantity as per N.D.P.S.

Patna High Court CR. MISC. No.59768 of 2023(2) dt.08-09-2023 2/2 Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.06.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering 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 released on bail in connection with Manjhagarh P.S. Case No. 213 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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