Patna High CourtCR. MISC./61509/2023allowed

Md. Sitare v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61509 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Md. Sitare Son Of Md. Ajijul Rahman @ Ajlu Rahman R/O Hanumannagar, Bhatiyari Saria, P.S.- Town (Kotwali O.P.), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 20/22 of the N.D.P.S. Act.

3. As per FIR, prosecution case relates to recovery of 38 piece of Pyeevon Spas plus and 17 piece of Alprazolam from possession of the petitioner. The petitioner was apprehended on spot.

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 on the basis of suspicion. The petitioner has no concern with the alleged recovery of aforesaid tables. It is further submitted the provision of N.D.PS.

Patna High Court CR. MISC. No.61509 of 2023(2) dt.22-09-2023 2/2 Act has not been followed by the prosecution. He has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 7.4.2023.

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 Laheriasarai (Kotwali OP) P.S. Case No. 167 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 Additional District and Sessions Judge XI, Darbhanga.

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