Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61528 of 2022 Arising Out of PS. Case No.-621 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== KHURSHID Son of Yusuf Resident of Baturbari, P.S- Tarabari, Distt- Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 21(c) of the Narcotic Drugs and Psychotropic Substances Act. As per the prosecution case, total 385 litres of Codeine cough syrup was recovered from a vehicle bearing Registration No. BR 38Z-8684 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place.

Patna High Court CR. MISC. No.61528 of 2022(2) dt.29-03-2023 2/2 Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the owner of the said vehicle. The co-accused person has already been granted bail by this Court vide order dated 04.01.2023 passed in Cr. Misc. No. 41933 of 2022. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 15.09.2022.

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

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 Sessions Judge-cum-Special Judge, N.D.P.S., Araria in connection with Special Case No. 17 of 2022 arising out of Forbesganj P. S. Case No. 621 of 2022.

The application stands allowed.

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