Md. Neyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60580 of 2023 Arising Out of PS. Case No.-414 Year-2023 Thana- NAGAR District- Vaishali ====================================================== MD. NEYAZ ANSARI S/o- Md. Badruddin Village- Chauhatta Chowk Chhippi tola Ps- hajipur Town Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21(b) & 22(b) of the N.D.P.S. Act.

3. As per prosecution case, the police party raided at K.N. Medical Hall and arrested the petitioner from where, some psychotropic substance of 105 pieces of Buprenorphine Ampoule injections without level, 40 pieces of Avil injection and 5 pieces of Tramadal injection were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that 105 Burenorphine infections are alleged to have recovered in which one injection of 2 ml contains 0.6 mg Buprenorphine therefore,

Patna High Court CR. MISC. No.60580 of 2023(2) dt.12-09-2023 2/2 total quantity be calculated as 630 mg which is less than commercial quantity which is 1 gm. Five pieces Ampule injections have been shown in which total psychotropic substance is 0.500 mg which is much below that minimum quantity which is 5 gm. So far as Avil injections are concerned, the same is not contraband substance as per NDPS Act. These facts are mentioned in para 11, 12 & 13 of the petition. The petitioner has got no criminal antecedent and is languishing in judicial custody since 1.6.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Town P.S. Case No. 414 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 Sessions Judge, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T