Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60471 of 2022 Arising Out of PS. Case No.-532 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Khurshid S/O Yusuf @ Md. Yusuf Resident Of Baturbari, Police StationTarabari, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 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 379, 414, 420/34 of the Indian Penal Code and Section 21(c) of the N.D.P.S. Act.

It is a case of recovery of 248 litres of Codin Syrup, prohibited Nitravet tablets from a swift D'zire car bearing registration No. BR-11AX-3227.Petitioner is owner of the aforesaid vehicle.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.60471 of 2022(2) dt.03-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner was neither arrested on spot nor anything incriminating has been recovered from the possession of the petitioner. The name of petitioner sprang up in this case only because he is the owner of the vehicle in question. Moreover, the petitioner is languishing in judicial custody since 26.08.2022. Similarly situated several co-accused persons have been granted Bail by the co-ordinate Benches of this Court. 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 Special Case No. 13 of 2022 arising out of Forbesganj P.S. Case No. 532 of 2022 on furnishing

Patna High Court CR. MISC. No.60471 of 2022(2) dt.03-02-2023 3/3 bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Araria.

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