Patna High CourtCR. MISC./62920/2024bail granted

Md. Salauddin v. The State Of Bihar

2024-09-17Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62920 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- JOGBANI District- Araria ====================================================== Md. Salauddin Son of Gayash @ Mohammad Gyas @ Giyas Resident of village - Satan Tola, Ward No.- 13, P.S.- Jogbani, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 8(c), 21(b) and 22 of the N.D.P.S. Act, registered in connection with Jogbani P.S. Case No. 88 of 2024.

3. As per prosecution case, there has been recovery of 50 gram of Smack like substance from the possession of the petitioner.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern with the alleged recovery of Smack. On the basis of suspicion, he has

Patna High Court CR. MISC. No.62920 of 2024(2) dt.17-09-2024 2/2 been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that alleged recovered Smack like substance does not come under the purview of commercial quantity as per N.D.P.S Act. Petitioner is in custody since 29.04.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions-cum-Special Judge, NDPS Act, Araria in connection with Jogbani P.S. Case No. 88 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

7. The petitioner shall furnish his bail bond after completion of four months in custody from today. (Nawneet Kumar Pandey, J) Arish/- U