Md. Aftab @ Karan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71217 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- ISHAKCHAK District- Bhagalpur ====================================================== MD. AFTAB @ KARAN Son of Md. Raju Resident of Mohalla - Ishakchak Kabari Tola, Near Masjid, Police Station - Ishakchak, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offences punishable under Sections 20 and 21 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.08.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and is a young boy of 19 years of age.

Allegation is of recovery of 4.23 grams of smack from the petitioner.

Learned counsel for the petitioner submits that five grams of smack is small quantity and the alleged recovery is less than five grams. It is further submitted that the petitioner is

Patna High Court CR. MISC. No.71217 of 2021(2) dt.06-05-2022 2/3 a person with clean antecedent and is a young boy of 19 years of age. Learned counsel further submits that even presuming what has been alleged is true, without admitting for the purposes of bail, then it is the first offence of the petitioner, the alleged recovery is less than five grams and if the petitioner remains in custody, his entire career will get jeopardised in company of hardened criminals. It is further submitted that the charges have also been framed.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.08.2021, is a person with clean antecedent, chargesheet has been submitted in the case and taking into consideration the submissions advanced by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ishakchak P.S. Case No. 100 of 2021 giving rise to N.D.P.S. Case No. 52 of 2021 with a condition that one of the bailors of the petitioner shall be his father, Md. Raju who will ensure that the petitioner does not

Patna High Court CR. MISC. No.71217 of 2021(2) dt.06-05-2022 3/3 get implicated in future in similar offence.

(Satyavrat Verma, J) Rishi/- U T